Sharpcan Pty Ltd – High Court finds for Commissioner holding that expenditure on ‘gaming machine entitlements’ was capital and not s8-1 deductible or s40-880 amortisable as ‘black hole’ expenditure
On 16 October 2019, the High Court unanimously allowed an appeal from a judgment of the Full Court of the Federal Court of Australia concerning the Commissioner of Taxation v Sharpcan Pty Ltd [2019] HCA 36. This concerns the deductibility, under the Income Tax Assessment Act 1997 (Cth) (“the 1997 Act“), of payments to acquire gaming machine entitlements (“GMEs”) under the Gambling…