Commissioner of Taxation v Macquarie Bank Limited [2013] FCAFC 13

FEDERAL COURT OF AUSTRALIA

Commissioner of Taxation v Macquarie Bank Limited [2013] FCAFC 13 Citation: Commissioner of Taxation v Macquarie Bank Limited [2013] FCAFC 13

Appeal from: Macquarie Bank Limited v Commissioner of Taxation [2011] FCA 1076

Parties: COMMISSIONER OF TAXATION v MACQUARIE BANK LIMITED (ACN 008 583 542) COMMISSIONER OF TAXATION v MONGOOSE PTY LIMITED (ACN 103 410 297)

File numbers: NSD 1793 of 2011 NSD 1794 of 2011

Judges: EMMETT, MIDDLETON AND ROBERTSON JJ

Date of judgment: 15 February 2013

Catchwords: INCOME TAX – statutory interpretation – interaction between Income Tax Assessment Act 1936 (Cth) Pt IVA and Income Tax Assessment Act 1997 (Cth) Pt 3-90 – whether subsidiary member of consolidated group a taxpayer for the purposes of Income Tax Assessment Act 1936 (Cth) s 177F – whether subsidiary member or head company of consolidated group the relevant taxpayer obtaining a tax benefit for the purposes of s 177C – application of s 177D where various participants carry out parts of a scheme – factors to be considered when finding "dominant purpose" per s 177D(b)

Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Income Tax Assessment Act 1936 (Cth) ss 6, 73BAC, 160ZP, 160ZZO, 177A, 177B, 177C, 177D, 177F, 177G Income Tax Assessment Act 1986 (Cth) ss 4, 5 Income Tax Assessment Act 1997 (Cth) ss 4-15, 102-5, 126-B, 700-1, 700-10, 701-1, 701-60, 701-85, 705-5, 705-10, 705-15, 995-1 Income Tax Laws Amendment Bill (No 2) 1981 (Cth) New Business Tax System (Consolidation) Act (No 1) 2002 (Cth) Taxation Administration Act 1953 (Cth)