Court index
High Court of Australia tax cases
Seeded tax cases from the High Court of Australia in Australia.
Country
Australia
Court
High Court of Australia
Cases
6
2016
Bywater Investments Ltd v. Federal Commissioner of Taxation
[2016] HCA 45
Central management and control of a company is exercised where the real decision-making occurs, not necessarily where directors formally meet.
2004
Federal Commissioner of Taxation v. Hart
[2004] HCA 26
Part IVA applies to a split-loan arrangement where the dominant purpose was to obtain a tax benefit via accelerated interest capitalization on the investment portion.
1998
Federal Commissioner of Taxation v Murry
[1998] HCA 42; (1998) 193 CLR 605
Goodwill of a business, for capital gains tax purposes, is a single asset comprising the attractive force that brings in custom and cannot exist independently of the business itself; it is therefore disposed of when, and only when, the business in which it is generated is disposed of.
1996
Federal Commissioner of Taxation v. Spotless Services Ltd
[1996] HCA 34
Part IVA of the Income Tax Assessment Act 1936 applies where a sole or dominant purpose of a scheme was to obtain a tax benefit, even if there was a commercial purpose.
1994
Federal Commissioner of Taxation v Australia and New Zealand Savings Bank Ltd
[1994] HCA 58; (1994) 181 CLR 466
A bank's payments under a stamp duty assumption agreement formed part of the cost of borrowing and were therefore deductible on revenue account; provisions of the Income Tax Assessment Act should be construed in light of the commercial substance of banking operations.
1982
Federal Commissioner of Taxation v Whitfords Beach Pty Ltd
[1982] HCA 8; (1982) 150 CLR 355
Profits from the subdivision and sale of land that was originally held for fishing-shack purposes were ordinary income, where the activities went beyond mere realisation of a capital asset and amounted to carrying on a business of land development.
Important disclaimer
This library is for general tax education only. Always verify filing obligations, due dates, and tax consequences against the cited primary source or with a qualified tax professional.