Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) [2014] FCAFC 133 Citation: Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) [2014] FCAFC 133
Appeal from: Australian Building Systems Pty Ltd v Commissioner of Taxation [2014] FCA 116
Parties: COMMISSIONER OF TAXATION v AUSTRALIAN BUILDING SYSTEMS PTY LIMITED ACN 094 238 678 (IN LIQUIDATION)
File number: QUD 100 of 2014
Parties: COMMISSIONER OF TAXATION v GINETTE DAWN MULLER AND JOANNE EMILY DUNN AS LIQUIDATORS OF AUSTRALIAN BUILDING SYSTEMS PTY LIMITED ACN 094 238 678 (IN LIQUIDATION)
File number: QUD 101 of 2014
Judges: EDMONDS, COLLIER AND DAVIES JJ
Date of judgment: 8 October 2014
Catchwords: INCOME TAX – Section 254(1) of Income Tax Assessment Act 1936 (Cth) ("1936 Act") – company in liquidation – liquidators deemed to be trustees by definition in s 6(1) of the 1936 Act – sale of land by company giving rise to capital gain – whether s 254(1)(d) obliges liquidators to retain from proceeds of sale an amount sufficient to pay the tax to be assessed in respect of the sale of the property prior to the issue of an assessment or whether the obligation to retain only arises after the issue of an assessment
Legislation: Income Tax Assessment Act 1915 (Cth) s 52 Income Tax Assessment Act 1918 (Cth) s 34 Income Tax Assessment Act 1922 (Cth) s 89 Income Tax Assessment Act 1936 (Cth) s 254 Income Tax Assessment Act 1997 (Cth) s 102-5
Cases cited: Bluebottle UK Ltd v Deputy Commissioner of Taxation (2007) 232 CLR 598 CIC Insurance Ltd v Bankstown Football Club Ltd (1995–1997) 187 CLR 384 Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 293 ALR 257 Deputy Commissioner of Taxation v Barkworth Olives Management Ltd [2011] 1 Qd R 326 Federal Commissioner of Taxation v H (2010) 188 FCR 440 Federal Commissioner of Taxation v Prestige Motors Pty Ltd (1994) 181 CLR 1 Federal Commissioner of Taxation v Resource Capital Fund IV LP (2013) 215 FCR 1 Harmer v Federal Commissioner of Taxation (1991) 173 CLR 264 Howey v Federal Commissioner of Taxation (1930) 44 CLR 289 Union-Fidelity Trustee Co. of Australia Ltd v Federal Commissioner of Taxation (1969) 119 CLR 177
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