Minerva Financial Group Pty Ltd v Commissioner of Taxation [2022] FCA 1092

Federal Court of Australia Minerva Financial Group Pty Ltd v Commissioner of Taxation [2022] FCA 1092 File number(s): VID 446 of 2020

Judgment of: O'CALLAGHAN J

Date of judgment: 16 September 2022

Catchwords: TAXATION – Income Tax Assessment Act 1936 (Cth) Part IVA – where applicant taxpayer appealed under s 14ZZ of the Taxation Administration Act 1953 (Cth) from an objection decision made by the Commissioner of Taxation against amended assessments – where applicant did not dispute that it had entered into or carried out a "scheme" within the meaning of s 177A of the Income Tax Assessment Act 1936 (Cth) – where applicant did not dispute that it had obtained a tax benefit within the meaning of s 177C of the Income Tax Assessment Act 1936 (Cth) – where three schemes alleged by the Commissioner of Taxation – whether a reasonable person would conclude that applicant entered into or carried out one or more of the schemes for the dominant purpose of enabling it to obtain a tax benefit in connection with the scheme within the meaning of s 177D of the Income Tax Assessment Act 1936 (Cth)

Legislation: Evidence Act 1995 (Cth) s 136 Income Tax Assessment Act 1936 (Cth) Part IVA ss 177A, 177A(1), 177A(5), 177C, 177C(1), 177C(1)(a), 177C(1)(c), 177CB, 177D, 177D(2), 177F, 177F(1), 177F(1)(a), 177F(2), 177F(3), 177F(3)(a) Income Tax Assessment Act 1997 (Cth) ss 6-5, Part 3-90 Taxation Administration Act 1953 (Cth) ss 14ZZ, Schedule 1, Part 4-25, Division 280, s 280-170 Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Act 2013 (Cth) Schedule 1, s 10 Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Bill 2013 (Cth)