Aurizon Holdings Limited v Commissioner of Taxation [2022] FCA 368

TAXATION – where amount paid to company by sole shareholder expressed to be for nil consideration and not in exchange for further shares – where amount adjusted to contributed equity of the company constituted, at the time, solely by share capital – whether contributed amount properly characterised as an ‘amount of share capital’ within meaning of Income Tax Assessment Act 1997 (Cth) – amount properly characterised as share capital

TAXATION – whether declaratory relief should be declined because an alternative and more appropriate remedy was available to the applicant – whether applicant should have sought private ruling from Commissioner – purpose of statutory scheme for private rulings before the Commissioner – declaratory relief not declined on discretionary grounds – declaratory relief to be granted



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