Tax planning for professional people - what remains after the unholy trinity

Dabner, Justin (1987) Tax planning for professional people - what remains after the unholy trinity. Taxation in Australia, 21 (8). pp. 568-572.

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[Extract] On the 19th December the High Court in the three decisions of F. C. T. v. Gulland, F. C. T. v. Watson and Pincus v. F. C. T. resurrected section 260 of the Income Tax Act and rendered void for tax purposes what were previously considered to be unimpeachable arrangements. It has been suggested that these authorities have ramifications for the question as to what will be the likely judicial attitude lo the interpretation of Part IV A. 'These decisions have been considered in a number of subsequent Supreme Court and Board of Review cases. Although these cases do not suggest that the High Court decisions effect any startling new developments this view is not shared by those who have written on the subject. Nevertheless analysis of the legal basis for these decisions is otiose given that the highest judicial organ in the land has handed down its binding pronouncements. Accordingly consideration must now be given as to what tax minimisation arrangements remain at the disposal of the professional person. It is to this question that this paper is directed.

Item ID: 33655
Item Type: Article (Research - C1)
ISSN: 0494-8343
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Date Deposited: 06 Feb 2017 22:33
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