Full Court confirms no TOFA deduction for Tabcorp on expiry of gaming licence

The Full Court has upheld the Federal Court’s decision that no financial arrangement arose under Division 230 when Tabcorp’s gaming licence expired in 2012, confirming that a right with no real prospect of satisfaction is not a contingent right for TOFA purposes.

In Tabcorp Maxgaming Holdings Limited v Commissioner of Taxation [2026] FCAFC 30 the Full Court has confirmed the decision of the Federal Court that Tabcorp was not entitled a deduction under the TOFA rules as a result of the circumstances in which its gaming license expired in 2012. The background to the case is set out in our earlier article on the Federal Court Decision. See related article:Interpreting the TOFA balancing adjustment rules, following the Tabcorp decision Very simply, th...

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Authors: James Macky, Julian Humphrey,

Published Date: 27 March 2026