New details emerge in Mylan related-party financing litigation

A Federal Court procedural decision has revealed new details surrounding the nature of the Commissioner's arguments on Part IVA, with transfer pricing issues seemingly no longer pressed, as discussed by Kristie Schubert, Tim Keeling and Sam van Berkel.

Federal Court Judge Catherine Button handed down her decision on the Commissioner of Taxation’s (Commissioner) interlocutory application for discovery in the matter of Mylan Australia Holding Pty Ltd (MAHPL) v Commissioner of Taxation [2023] FCA 672 (Mylan case) on 21 June 2023. Broadly, the Mylan case relates to appeals against certain assessments issued for the income tax years ended 31 December 2009 to 31 December 2020, involving the deductions of interest expenses incurred by MAHPL’s sub...

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Authors: Kristie Schubert, Tim Keeling,

Published Date: 22 June 2023