Application of section 100A: ATO appeals Federal Court decision - Part 1

As outlined by Keith Swan, Brent Murphy and Alice Chow, taxpayers and their advisors will be monitoring the appeal closely in light of the increasing uncertainty in the application of section 100A.

Unsurprisingly, the Australian Taxation Office (ATO) has recently filed an appeal in the Full Federal Court against the decision in Guardian AIT Pty Ltd ATF Australian Investment Trust v Commissioner of Taxation [2021] FCA 1619 handed down late last year. The decision provided clarity on the scope of section 100A of the Income Tax Assessment Act 1936 (ITAA 1936), and in particular, the “ordinary family or commercial dealing” exception contained in subsection 100A(13). See part two: A...

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Authors: Keith Swan, Brent Murphy,

Published Date: 10 February 2022