Daily Archives: December 30, 2021

Singtel fails in claim for deductions on $895k of interest – failing the ‘arms length’ test in the ‘transfer pricing rules’

On Monday 20 December 2021, the AFR reported on the Friday 17 December decision of Justice Moshinsky, in the Federal Court, which found against the taxpayer on transfer pricing interest deductibility issues (see related TT article). The AFR Article is set out below.     Singapore Telecommunications has failed in an attempt to get almost $895…

Singapore Telecom Australia Investments Pty Ltd v Commissioner of Taxation – Federal Court finds against taxpayer on transfer pricing interest deductions

On 17 December 2021, the Federal Court (Moshinsky J) handed down a decision which found against the taxpayer on transfer pricing interest deductibility issues (see related TT Article). This is case involving the group that owns Optus, where interest deductions totalling almost $895m were denied. The facts were these. The Taxpayer and SAI were ultimately 100%…

Guardian AIT Pty Ltd ATF Australian Investment Trust v Commissioner of Taxation – Federal Court finds against ATO on both s100A reimbursement and Part IVA general anti-avoidance assessments

On 21 December 2021, the Federal Court (Logan J) handed down the decision in Guardian AIT Pty Ltd ATF Australian Investment Trust v Commissioner of Taxation – which found against the Commissioner of Taxation on both issues, namely, whether anti-avoidance ‘Recoupment’ provisions in s100A of the ITAA36 applied (to impose s99A tax on the trustee, by deeming…