Guardian AIT Pty Ltd ATF Australian Investment Trust v Commissioner of Taxation [2021] FCA 1619

Federal Court of Australia

Guardian AIT Pty Ltd ATF Australian Investment Trust v Commissioner of Taxation [2021] FCA 1619 File numbers: QUD 146 of 2020 QUD 147 of 2020

Judgment of: LOGAN J

Date of judgment: 21 December 2021

Catchwords: TAXATION – appeal from taxation decision under Pt IVC of the Taxation Administration Act 1953 (Cth) – Commissioner made primary income tax assessment against trust – where in primary assessment Commissioner alleges reimbursement agreement pursuant to s 100A of the Income Tax Assessment Act 1936 (Cth) – where corporate beneficiary created to receive benefit of trust – whether reimbursement agreement shown – consideration of "entered into in the course of ordinary family or commercial dealing" in s 100A(13) – whether reimbursement agreement can postdate present entitlement – where evidence shows that corporate beneficiary was created as part of longstanding retirement plan of named individual – taxation appeal allowed TAXATION – appeal from taxation decision under Pt IVC of the Taxation Administration Act 1953 (Cth) – Commissioner made alternative income tax assessment against named individual as principal of trust – where Commissioner alleges scheme pursuant to Pt IVA of the Income Tax Assessment Act 1936 (Cth) – whether conduct constitutes a scheme pursuant to s 177D – whether named individual could have been expected to include amounts in assessable income pursuant to s 177C – taxation appeal allowed

Legislation: Evidence Act 1995 (Cth) s 140 Income Tax Assessment Act 1936 (Cth) ss 97, 98A, 99A, 100A, 109N, 177A, 177C, 177D, 177F, 260, Div 7A, Pt III (ITAA 1936) Income Tax Assessment Act 1997 (Cth) s 995-1 Taxation Administration Act 1953 (Cth) ss 284-145, 284-160 Pt IVC Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Act 2013 (Cth)