Commissioner of Taxation v McWilliam [2012] FCAFC 105

FEDERAL COURT OF AUSTRALIA

Commissioner of Taxation v McWilliam [2012] FCAFC 105 Citation: Commissioner of Taxation v McWilliam [2012] FCAFC 105

Appeal from: Taxpayer v Commissioner of Taxation [2012] AATA 142

Parties: COMMISSIONER OF TAXATION v BRUCE MCWILLIAM

File number: NSD 511 of 2012

Judges: EDMONDS, JAGOT AND ROBERTSON JJ

Date of judgment: 8 August 2012

Catchwords: TAXATION – employee share schemes – employee acquired options to purchase shares – date on which employee acquired options – nature of right acquired – whether rights anterior – meaning of "right" in Division 13A of the Income Tax Assessment Act 1936 (Cth) – whether s 139G(a) to (e) established mutually exclusive categories PRACTICE AND PROCEDURE – competency of appeal – whether appeal on a question of law

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Income Tax Assessment Act 1936 (Cth) ss 139B, 139C, 139CD, 139DD, 139FC, 139FF, 139G,

Cases cited: ACP Publishing Pty Ltd v Commissioner of Taxation (2005) 142 FCR 533 referred to Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 applied Commissioner of Stamp Duties (Q) v Livingston (1964) 112 CLR 12 applied Commissioner of Taxation v Linter Textiles Australia Ltd (in liq) (2005) 220 CLR 592 applied Donaldson v Federal Commissioner of Taxation [1974] 1 NSWLR 627; (1974) 74 ATC 4192 referred to Fraunschiel v Federal Commissioner of Taxation [1989] FCA 236; (1989) 89 ATC 4616; (1989) 20 ATR 955 referred to Industry Research & Development Board v Bridgestone Australia Ltd (2001) 109 FCR 564 applied Meagher R, Heydon D and Leeming M, Meagher, Gummow and Lehane's Equity, Doctrines and Remedies (4th ed, Butterworths LexisNexis, 2002)