The ATO is considering whether to appeal the Federal Court decision in Glencore Investment Pty Ltd v FCT [2019] FCA 1432. The case considered whether dealings between Swiss-based Glencore International AG and an Australian subsidiary breached the transfer pricing rules in relation to the sale and purchase of copper concentrate (see related Tax Technical article).
See below for details.
FJM 7.9.19
[Tax Month – September 2019]