Commissioner of Taxation v BHP Billiton Limited [2019] FCAFC 4

TAXATION – appeal from Administrative Appeals Tribunal – where respondent (Ltd) is part of a dual-listed company arrangement with a non-resident company (Plc) – where third company (BMAG) is a controlled foreign company of Ltd for the purposes of Part X of theIncome Tax Assessment Act 1936 (Cth) – where BMAG derived income offshore from the sale of commodities it purchased from Plc’s Australian entities – whether that income of BMAG was “tainted sales income” to be included in the calculation of BMAG’s attributable income and hence included in the assessable income of Ltd under Part X of the ITAA 1936 – whether Ltd is an “associate” of Plc (or vice versa) under s 318(2) – whether Ltd is “sufficiently influenced” by Plc (or vice versa) under s 318(6)(b) – whether BMAG is “sufficiently influenced” by Plc and Ltd for the purposes of s 318(2)(d)(i)(B).

Full decision here