Tabcorp Maxgaming Holdings Limited v Commissioner of Taxation [2025] FCA 115

FEDERAL COURT OF AUSTRALIA Tabcorp Maxgaming Holdings Limited v Commissioner of Taxation [2025] FCA 115 File number(s):

Judgment of: THAWLEY J

Date of judgment: 21 February 2025

TAXATION – Division 230 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997) – taxation of financial arrangements (TOFA) – whether asserted contingent right to 'terminal payment' said to arise under contract and/or statute was a "financial arrangement" within the meaning of s 230‑45(1) of ITAA 1997 – held no "financial arrangement" – whether financial benefits provided "under" financial arrangement for the purposes of s 230‑60(1) and step 2(a) in the method statement in s 230‑445(1) – whether financial benefits played an "integral role" in the sense required by s 260‑60(1) – meaning of step 1(b) in the method statement in s 230‑445(1) – whether step 1(b) applied where deductions previously allowed under s 8‑1 of ITAA 1997 so as to prevent admitted double deduction – non-applicability of s 8‑10 of the ITAA 1997 – whether issue of shares capable of constituting the provision of a financial benefit – whether s 974‑30(1) applies to s 230‑60(1) – s 974‑30(1) does not have any relevant application – held that issue of shares is, in principle, capable of constituting provision of a financial benefit – reasonable apportionment under s 230‑65(1) of ITAA 1997 – whether exceptions in ss 230‑460(2)(d), (2)(e) and (8) of ITAA 1997 apply – appeal dismissed Catchwords: TAXATION – Section 14ZZO(a) of the Tax Administration Act 1953 (Cth) – where leave sought to rely on grounds not stated in objection – where new grounds contradict objection – where new grounds significantly increase claimed amount – leave granted, but appeal dismissed PRACTICE AND PROCEDURE – Rule 8.21 of the Federal Court Rules 2011 (Cth) – where leave sought to amend appeal statement to raise new grounds of objection – – leave granted, but appeal dismissed