Please sign in here using your existing KPMG Account (KPMG Directors’ Toolkit | KPMG Tax Now | KPMG Support).
If you cannot remember your sign in details, or you need assistance, please contact us.


Technical considerations: High Court’s definition of ‘associates’

Simon Clark and Scott Farrell discuss the High Court’s consideration of the “associates” definition in section 318 of the Income Tax Assessment Act 1936.

The High Court decision in BHP Billiton Limited v Commissioner of Taxation [2020] HCA 5 (BHP) clearly means that the s.318 definition of associates can apply beyond situations involving control to situations involving “sufficient influence”.It is also clear that the presence of sufficient influence involves a detailed consideration of the facts of the particular case. Given that the Dual-Listed Company (DLC) structure is relatively uncommon, there is a question as to the factual precedent tha...

Sign in below or register now to read the full article

Authors: Simon Clark, Scott Farrell

Published Date: 19 March 2020


KPMG Tax Now is a digital media website that brings together industry-leading tax news, insights and more from our global network of experts.

Stay informed of important policy and legislation changes, and what it means to you and your business. 

Subscribe to our KPMG Tax Now platform to receive important updates delivered to your inbox, access to exclusive multi-media content, and invitations to interactive information sessions with KPMG experts.

If you are an existing user please click here

Please sign in here or  Register  if you don't have an account



Forgot Password?      Forgot Username?