Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mills v Commissioner of Taxation [2011] FCA 205 Citation: Mills v Commissioner of Taxation [2011] FCA 205
Parties: ANDREW VINCENT MILLS v COMMISSIONER OF TAXATION
File number(s): NSD 52 of 2010
Judge: EMMETT J
Date of judgment: 11 March 2011
Catchwords: INCOME TAX – imputation system – schemes to reduce income tax – whether non-incidental purpose in issuing certain securities was to enable holders of securities to obtain imputation benefit under the Income Tax Assessment Act 1997 (Cth) – where relevant securities issued in New Zealand – consideration of relevant circumstances of a scheme set out in s 177(EA)(1) of the Income Tax Assessment Act 1936 (Cth) INCOME TAX – determination by Commissioner of Taxation under s 177EA(5)(b) of the Income Tax Assessment Act 1997 (Cth) that no imputation benefit to arise in respect of distribution to taxpayer – whether Commissioner's determination properly made – whether Commissioner erred in exercising discretion under s 177EA(5)(b) rather than s 177EA(5)(a)
Legislation: Banking Act 1959 (Cth) Income Tax Assessment Act 1936 (Cth) ss 23AH, 46, 177D, 177EA Income Tax Assessment Act 1997 (Cth) s 26-26, div 200, ss 202-5, 202-15, 202-30, 202-40, 202-45, 202-50, 202-75, 202-80, div 207, ss 215-10, 974-5, 974-15, 974-20, 974-75, 974-115, 974-120 Taxation Administration Act 1953 (Cth) ss 14ZZO, 14ZZP
Cases cited: Commissioner of Taxation v Sleight (2004) 136 FCR 211
Date of hearing: 13 December 2010 and 14 December 2010
Place: Sydney
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate