Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Tasman Group Services Pty Ltd [2009] FCAFC 148
TAXATION –Income Tax Assessment Act 1936 (Cth) – Japanese parent company lent money to subsidiary – subsidiary used loans to carry on business in Australia – whether loans were "debts" within the meaning of s 245-15 – whether debt "commercial" pursuant to s 245-25 – whether debt "forgiven" under s 245-35 – s 245-55(4)(a)(ii) – meaning of "CGT asset" – meaning of "having the necessary connection with Australia" – Income Tax Assessment Act 1997 (Cth)s 136-25 – meaning of "used at any time in carrying on a business" – meaning of "through a permanent establishment in Australia" –whether parent company had necessary connection with Australia Income Tax Assessment Act 1936 (Cth) Income Tax Assessment Act 1997 (Cth) Taxation Laws Amendment Bill (No 2) 1996 (Cth) The Commonwealth of Australia v Verwayen (1990) 170 CLR 394 Craine v Colonial Mutual Fire Insurance Co Ltd (1920) 28 CLR 305 Emu Bay Railway Co Ltd v Federal Commissioner of Taxation (1944) 71 CLR 596 GP International Pipecoaters Proprietary Limited v Federal Commissioner of Taxation (1990) 170 CLR 124 Grundt v Great Boulder Gold Mines Ltd (1937) 59 CLR 641 Hope v The Council of the City of Bathurst (1980) 144 CLR 1 Spassked Pty Ltd v Commissioner of Taxation (2003) 136 FCR 441 Tasman Group Services Pty Ltd v Commissioner of Taxation of the Commonwealth of Australia [2008] FCA 23
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v TASMAN GROUP SERVICES PTY LTD
VID 164 of 2008 VID 165 of 2008
RYAN, KENNY and STONE JJ
22 OCTOBER 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 164 of 2008
GENERAL DIVISION
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
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