ARTICLE
26 May 1998

Weekly Tax Highlights - 18th - 22nd May 1998

Australia Accounting and Audit

Further Government explanation of streaming and anti-avoidance rule for franking credits - The Government has released a Supplementary Explanatory Memorandum to Taxation Laws Amendment Bill (No 3) 1998 which provides further guidance on the operation of the anti-streaming measures and general anti-avoidance rule targeting franking credit trading.

Appeal News

The High Court has refused special leave to appeal in Woodhams v DFC of T, National Australia Bank Ltd v FC of T, and The Roy Morgan Research Centre Pty Ltd v Commr of State Revenue (Vic). Applications have been lodged with the High Court for special leave to appeal against the Full Federal Court's decisions in FC of T v Prestige Motors Pty Ltd and FC of T v Ryan. Appeals have been lodged with the Full Federal Court against the following Federal Court decisions: Pacific Dunlop Ltd v FC of T and Gross v FC of T.

Profits from developing land assessable - The Federal Court has held that the profit derived from the sale of townhouses was assessable income under s25(1) as the taxpayers' predominant objective was to make a profit. The three most important factors were: most of the money to fund the project was borrowed; the taxpayers tried to sell the townhouses shortly before they were completed and put them back on the market just 12 months later; and no step was taken to find tenants for the townhouses (McCurry & Anor v FC of T).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

For further information, contact:

Michael Croker
Coopers & Lybrand Tower
580 George Street
Sydney 2000
Australia

Tel No: +61 29 28 57 777
Fax No: +61 29 26 18 777
E-mail:  Click Contact Link 

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