Is Esquire Nominees under assault?

Dabner, Justin (2016) Is Esquire Nominees under assault? CCH Tax Week, 2016 (11). 174. pp. 1-4.

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[Extract] The decision in Esquire Nominees Limited as Trustee of Manolas Trust v FCT 73 ATC 4114 has always seemed problematic. Together with FCT v Patcorp Investments Limited (formerly Patrick Corporation Limited) & Ors v FCT 76 ATC 4225, these cases have contributed to the opportunity for Australian taxpayers to take advantage of tax havens and the consequent need for controlled foreign company anti-avoidance legislation.

Now the Full Federal Court decision in Bywater Investments Limited & Ors v FCT 2015 ATC 20-549, by distinguishing Esquire Nominees, has cast doubt on the ability to rely on that authority in denying that a company is an Australian resident. Notably, a special leave application to the High Court has been lodged which, if granted, might signal that the High Court could be prepared to reconsider the principle established in Esquire Nominees.

Item ID: 46336
Item Type: Article (Non-Refereed Research)
ISSN: 1320-9426
Keywords: esquire nominees, Bywater Investments Limited, tax, resident test
Date Deposited: 15 Feb 2017 23:58
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180125 Taxation Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%
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