High Court sides with taxpayer in transfer pricing case

As outlined by Jeremy Capes, Keith Swan and Annemarie Wilmore, the views expressed by the Court have potential implications for Australia’s current transfer pricing rules.

The Commissioner’s application for special leave against the Full Federal Court decision in The Commissioner of Taxation of the Commonwealth of Australia v Glencore Investment Pty Ltd [2021] HCATrans 98 was refused on 21 May 2021. The High Court considered that the case largely turned on its facts and did not involve a question of principle sufficient to grant special leave. In summary, the arguments ventured by the Commissioner before the High Court bench consisting of Kiefel CJ and Gordon...

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Authors: Jeremy Capes, Keith Swan,

Published Date: 31 May 2021