*Re DBTL and Innovation Australia – Activities associated with deeper mining pits fail to qualify as R&D [19]

The AAT has denied all the applicant’s claims for R&D deductions in respect of the activities it carried out at its open-cut coal mine in NSW from January 2000 to 31 December 2005 despite the Industry Research and Development Board (the Board), in the matter before the AAT, accepting that some of the activities qualified as relevant R&D activities.…

*Re Keep and FCT- CGT exemption refused because evidence didn’t establish it became the ‘main residence’ as soon as practicable after completion etc. [18]

The AAT has affirmed the Commissioner’s decision denying a taxpayer’s claim for the CGT main residence exemption in relation to a disposal of a property. The taxpayer submitted that he had purchased the property in July 2002 with this then de facto partner. The construction of the house commenced in April 2004; however, his relationship with his then partner…

*Archer Capital 4A Pty Ltd as trustee for the Archer Capital Trust 4A v The Sage Group plc- (No 1) – No discovery for tax documents in Cayman Islands to prove tax advantage [16]

A company that is being sued in relation to the alleged breach of its contract to purchase shares in the business of another company has been unsuccessful in its interlocutory application to seek discovery of documents from the vendor company relating to the tax consequences of its subsequent sale of the shares to another purchaser…

*Hua Wang Bank Berhad v FCT (No 8) – Use of affidavits from previous litigation allowed [13]

The Federal Court has granted the Commissioner’s application to use the affidavits of several persons that had been served on the Commissioner in other tax proceedings that were ultimately settled in the Hua Wang Bank Berhad litigation. In finding that the circumstances were sufficiently “special” to grant the Commissioner’s application the Court took into account…

*Hua Wang Bank Berhad v FCT (No 7) – Wickenby: evidence not improperly obtained [11]

The Federal Court has dismissed the taxpayers’ arguments and found that documents obtained by the Commissioner from the Cayman Islands Tax Information Authority (“CITIA”), and on which the Commissioner based assessments issued to the taxpayers, totalling some $40m, from the sale of Australian shares, had not been improperly obtained. This was the case even though…

*Macquarie Bank Limited & Anor v FCT – Full Federal Court refuses Macquarie Bank leave to appeal in OBU (anti ‘U-turn’) case [9]

The Full Federal Court has refused Macquarie Bank Ltd leave to appeal against the decision of Edmonds J in Macquarie Bank Limited & Anor v FCT [2013] FCA 887. Edmonds J refused to review a decision of Commissioner and his delegate to refuse to apply his view of the law on the allocation of Offshore Banking Unit…