Case Law

GHP 104 160 689 Pty Ltd v FCT [2014] AATA 515

April 13th, 2015

Summary of 104 160 689 matter Taxation Ruling – TR2013/3 Click Here  Taxation Ruling: TR 2013/3A1 – Addendum Click Here GHP 104 160 689 Pty Ltd v. Commissioner of Taxation Click Here The ATO has issued a Decision Impact Statement in relation to the recent decision handed down in the AAT, GHP 104 160 689 Pty Ltd and FCT [2014] AATA 515; 2014 ATC 10-373 The case concerned whether certain expenditure was to be disallowed deductibility at the rate of […]

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FCT v Desalination Technology Pty Ltd

November 4th, 2014

AAT Decision – Desalination Technology Pty Ltd v FCT Click Here Full Federal Court Decision – FCT v Desalination Technology Pty Ltd Click Here In the case of ‘Commissioner of Taxation Vs Desalination Technology Pty Ltd’, the appeal by the COT was dismissed by the Administrative Appeals Tribunal. This case involved a taxpayer who paid an invoice by debiting a running account in favour of a supplier, where that account does not have to be settled under certain circumstances. The […]

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Boral Windows and Ors v Industry Research & Development Board and Ors [1998] ATC 4479

April 22nd, 2014

This case is between Boral Windows Ptd Ltd (“First Applicant”), Gas Corporation of Queensland Ltd (“Second Applicant”) and Allen Taylor & Company Ltd (“Third Applicant”) and the Industry Research & Development Board (“First Respondent”), the Tax Concession Committee (“Second Respondent”) and the Secretary, Department of Industry Science & Tourism (“Third Respondent”) and the Commonwealth of Australia (“Fourth Respondent”). Background The question reserved for decision is “Whether the Second Applicant’s registration under Section 39J, as communicated by letter dated 25 November […]

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Goodman Fiedler Wattie Ltd v Federal Commissioner of Taxation [1991] FCA 206

April 17th, 2014

The issues in these appeals was the disallowance by the Commissioner of deductions claimed by the taxpayer for the income year 1982-85 inclusive. The deductions fell into two categories; payments made by the taxpayer to fund research carried on by the Queensland Institute of Technology (QIT) (the first period); and expenditure incurred thereafter by the taxpayer (the second period). Background The taxpayer was a company with carried on its business in several divisions. In August 1981 the taxpayer contracted with the […]

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