Recent Cases

B&F Investments Pty Ltd as trustee for the Illuka Park Trust v Commissioner of Taxation [2023] FCAFC 89 (09 June 2023) (Moshinsky, Colvin and Hespe JJ)


Catchwords:


TAXATION – where primary judge held that s 100A of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936) applied to deny beneficiary’s present entitlement – whether primary judge erred in construing s 100A(8) of the ITAA 1936 – where primary judge found in the alternative that s 207-150 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997) applied – whether primary judge erred in concluding that a distribution was taken to be made as part of a dividend stripping operation within the meaning of s 207-155 of the ITAA 1997 – alternative assessments – whether primary judge erred in dismissing beneficiary’s application having concluded that s 100A of the ITAA 1936 applied