Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Denmark Community Windfarm Ltd v Commissioner of Taxation [2017] FCA 478 File number: WAD 113 of 2016
Judge: MCKERRACHER J
Date of judgment: 10 May 2017
Catchwords: INCOME TAX – whether a commonwealth grant received by a taxpayer was an assessable recoupment for the purposes of s 20-20(2) and 20-20(3) of the Income Tax Assessment Act 1997 (Cth) (1997 Act) – whether the grant was received "by way of indemnity" for the purposes of s 20-20(2) of the 1997 Act – whether a grant paid on capital account is a deductible outgoing in the current year or an earlier income year for the purposes of s 20-20(2) and 20-20(3) of the 1997 Act – whether an allowable depreciation under Div 328 is a deductible amount for the purposes of s 20-20(2) and 20-20(3)
Legislation: Income Tax Assessment Act 1997 (Cth) Div 20, Div 40, subdivs 20-A, 328-D, ss 6-5, 8-1(1)(a), 8-1(1)(b), 8-1(2), 8-1(2)(a), 15-10, 20-20(2), 20-20(3), 20-25(1)(a), 20-25(1)(b), 20-40, 20-45, 40-15, 40-180, 40-185, 328-110, 328-175 Taxation Administration Act 1953 (Cth) ss 14ZZ, 14ZZO
Cases cited: Batchelor v Federal Commissioner of Taxation (2014) 219 FCR 453 Falk v Federal Commissioner of Taxation (2015) 101 ATR 445 Federal Commissioner of Taxation v Rowe (1997) 187 CLR 266 Federal Commissioner of Taxation v Wade (1951) 84 CLR 105
Date of hearing: 13 December 2016
Registry: Western Australia
Division: General Division
National Practice Area: Taxation
Category: Catchwords
Number of paragraphs: 64
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