Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ElecNet (Aust) Pty Ltd (Trustee) v Commissioner of Taxation [2015] FCA 456 Citation: ElecNet (Aust) Pty Ltd (Trustee) v Commissioner of Taxation [2015] FCA 456
Parties: ELECNET (AUST) PTY LTD (AS TRUSTEE FOR THE ELECTRICAL INDUSTRY SEVERANCE SCHEME) (ACN 080 344 458) v COMMISSIONER OF TAXATION
File number(s): VID 660 of 2014
Judge(s): DAVIES J
Date of judgment: 13 May 2015
Catchwords: TAXATION – appeal against disallowance of objection to private ruling – whether the Electrical Industry Severance Scheme is a "unit trust" for the purposes of the Income Tax Assessment Act 1936 (Cth) Part III Division 6C – meaning of "unit trust" in the Income Tax Assessment Act 1936 (Cth) Part III Division 6C – whether workers had a "beneficial interest" in the property of the trust for the purposes of the Income Tax Assessment Act 1936 (Cth) Part III Division 6C
Legislation: Income Tax Assessment Act 1936 (Cth) Part III, Division 6C Income Tax Rates Act 1986 (Cth) s 25 Fringe Benefits Tax Assessment Act 1986 (Cth) s 58PA Land Tax Act 1958 (Vic) s 3
Cases cited: Caboche v Ramsay (1993) 119 ALR 215; [1993] FCA 611 CPT Custodian v Commissioner of State Revenue (Vic) (2005) 224 CLR 98 Commissioner of Taxation v McMahon (1997) 79 FCR 127 Bellinz Pty Ltd v Federal Commissioner of Taxation (1998) 84 FCR 154 Commissioner of Stamp Duties (NSW) v Buckle (1998) 192 CLR 226 Commissioner of Stamp Duties (NSW) v Buckle (1998) 192 CLR 226 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross (2012) 248 CLR 378 Kelly v The Queen (2004) 218 CLR 216 Gibb v Commissioner of Taxation (1966) 118 CLR 628 Sherritt Gordon Mines Ltd v Federal Commissioner of Taxation [1977] VR 342 BERT Pty Ltd as trustee for the BERT Fund No. 2 v Commissioner of Taxation [2013] AATA 584 Commissioner of Taxation v Linter Textiles Australia Ltd (in liq) (2005) 220 CLR 592 Gartside v Inland Revenue Commissioners [1968] AC 553 Commissioner of State Revenue v Serana Pty Ltd [2008] WASCA 82 Elliot v Department of Education, Employment and Work Place Relations (2008) 249 ALR 182; [2008] FCA 1293
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