Guardian AIT Pty Ltd ATF Australian Investment Trust v Commissioner of Taxation [2021] FCA 1619

TAXATION – appeal from taxation decision under Pt IVC of the Taxation Administration Act 1953 (Cth) – Commissioner made primary income tax assessment against trust – where in primary assessment Commissioner alleges reimbursement agreement pursuant to s 100A of the Income Tax Assessment Act 1936 (Cth) – where corporate beneficiary created to receive benefit of trust – whether reimbursement agreement shown – consideration of “entered into in the course of ordinary family or commercial dealing” in s 100A(13) – whether reimbursement agreement can postdate present entitlement – where evidence shows that corporate beneficiary was created as part of longstanding retirement plan of named individual – taxation appeal allowed TAXATION – appeal from taxation decision under Pt IVC of the Taxation Administration Act 1953 (Cth) – Commissioner made alternative income tax assessment against named individual as principal of trust – where Commissioner alleges scheme pursuant to Pt IVA of the Income Tax Assessment Act 1936 (Cth) – whether conduct constitutes a scheme pursuant to s 177D – whether named individual could have been expected to include amounts in assessable income pursuant to s 177C – taxation appeal allowed


Full decision here

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