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This page features a selection of recent cases of potential interest to our members and subscribers, as well as news updates from the Association. You can subscribe below to stay up to date with new posts.

Please note that this page is not a complete listing of all tax cases, but focuses on decisions of presidential members of the Administrative Appeals Tribunal, the Federal Court, and the High Court. Decisions may be removed from time to time.

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Greig v Commissioner of Taxation [2018] FCA 1084

TAXATION – appeal from an objection decision of the Commissioner of Taxation – whether certain outgoings were incurred in gaining or producing assessable income and therefore deductible under s 8-1(1)(a) of the Income Tax Assessment Act 1997 (Cth) – whether taxpayer incurred share losses and legal fees in a “business operation or commercial transaction” entered into for the purpose of making a profit – application of principle in Federal Commissioner of Taxation v The Myer Emporium Ltd [1987] HCA 18; (1987) 163 CLR 199 TAXATION – whether share losses and legal fees were necessarily incurred in carrying on a business and therefore deductible under s 8-1(1)(b) of the Income Tax Assessment Ac

Travelex Limited v Commissioner of Taxation [2018] FCA 1051

TAXATION – determination of period of interest for RBA surplus pursuant to s 12AD of the Taxation (Interest on Overpayments and Early Payments) Act 1983 (Cth) – ascertainment of RBA interest day as defined in s 12AF of the Overpayments Act – whether taxpayer had given the Commissioner of Taxation a notification which was required for the refund under s 8AAZLG of the Taxation Administration Act 1953 (Cth) (Administration Act) – whether the taxpayer was required by s 31-5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) to give the Commissioner of Taxation an amended or revised GST return – whether the administrative practice of the Commissioner of Taxation of accepting or proce

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