Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hastie Group Ltd v Commissioner of Taxation [2008] FCAFC 187
TAXATION – appeal against disallowance of objection to private ruling – consolidation regime – imputation system – provisions quarantining franking credits of companies effectively owned by non-residents – interaction of consolidation regime with imputation system as relating to transfer of franking credits upon acquisition of one consolidated tax group by another – whether exempting status of corporate tax entity as a member of one consolidated group is inherited and maintained for the purpose of assessing the status of another consolidated group which it later joins
WORDS AND PHRASES – "exempting entity", "former exempting entity", "no-status entity"
Income Tax Assessment Act 1936 (Cth) Div 2A, Pt IIIAA Income Tax Assessment Act 1997 (Cth) Pts 3-6, 3-90; Divs 208, 700, 701, 703, 705, 709; ss 208-50, 709-60, 709-150 to 709-165, 995-1 Taxation Administration Act 1953 (Cth) Div 359 of Sch 1
Commonwealth v Genex Corp Pty Ltd (1992) 176 CLR 277 cited Federal Commissioner of Taxation v Comber (1986) 10 FCR 88 cited FCT v McMahon (1997) 79 FCR 127 followed Handbury Holdings Pty Ltd v Commissioner of Taxation [2008] FCA 1787 cited Hastie Group Limited v Commissioner of Taxation [2008] FCA 444 affirmed Lamont v FCT (2005) 144 FCR 312 cited Marshall (Inspector of Taxes) v Kerr [1995] 1 AC 148 cited Wiest v Director of Public Prosecutions (1988) 23 FCR 472 cited HASTIE GROUP LTD, HASTIE HOLDINGS PTY LTD, AUSTRAL REFRIGERATION HOLDINGS PTY LTD and AUSTRAL REFRIGERATION PTY LTD v COMMISSIONER OF TAXATION
NSD 585 of 2008
RYAN, GORDON & FOSTER JJ
9 DECEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 585 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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