Electricity Supply Industry Superannuation (Qld) Ltd v Deputy Commissioner of Taxation [2003] FCAFC 138

FEDERAL COURT OF AUSTRALIA Electricity Supply Industry Superannuation (Qld) Ltd v Deputy Commissioner of Taxation [2003] FCAFC 138

INCOME TAX – appeal – anti-avoidance – taxpayer was a member of a trust – trust established to maximise after tax returns to its members – taxpayer could require trustee to distribute dividend income from the trust in a particular way – trustee "streamed" franked dividends to taxpayer so that it could take advantage of franking credit benefits - whether s 177EA of the Income Tax Assessment Act 1936 (Cth) applied to the arrangement Electricity Act 1976 (Qld) Electricity Act 1994 (Qld) Taxation Administration Act 1953 (Cth) s 13(c)(1), 14(a), 14(b), 14ZAAA, 14ZAF, 14ZAF(2), 14ZAM, 14ZAS(1), 14ZAZA, 14ZZ Income Tax Assessment Act 1936 (Cth) Part 1VA, 177A(1), 177A(3), 177(13)(a), 177EA, 177EA(3), 177EA(3)(e), 177EA(4), 177EA(5), 177EA(5)(b), 177EA(13)(a), 177EA, 13(c)(i) Kent v The Vessel "Maria Luisa" as Surrogate for the Vessels "Monika" and "Boston Bay" [2003] FCAFC 93 Payne v Federal Commissioner of Taxation (1994) ATC 4191 ELECTRICITY SUPPLY INDUSTRY SUPERANNUATION (QLD) LTD v DEPUTY COMMISSIONER OF TAXATION Q 172 OF 2002 ELECTRICITY SUPPLY INDUSTRY SUPERANNUATION (QLD) LTD v DEPUTY COMMISSIONER OF TAXATION Q 189 OF 2002 SPENDER, HILL & HELY JJ 25 JUNE 2003 SYDNEY BY VIDEO LINK (HEARD IN BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 172 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ELECTRICITY SUPPLY INDUSTRY SUPERANNUATION (QLD) LTD

ACN 069 634 439

APPELLANT

AND: DEPUTY COMMISSIONER OF TAXATION

RESPONDENT

Q 189 OF 2002

BETWEEN: ELECTRICITY SUPPLY INDUSTRY SUPERANNUATION (QLD) LTD

ACN 069 634 439

APPELLANT