PepsiCo appeal: a win for the taxpayer on royalty withholding tax and diverted profits tax matters

As highlighted by Sophie Lewis, Keith Swan, Jennifer Ta and Jake Roche, this judgement brings out several important points about evidencing and documenting negotiations when concluding commercial arrangements.

The Full Federal Court (Perram, Jackman and Colvin JJ) has handed down its judgment in respect of PepsiCo, Inc (PepsiCo), Stokely-Van Camp, Inc (SVC) and the Commissioner of Taxation’s (Commissioner) respective appeals (PepsiCo, Inc v Commissioner of Taxation [2024] FCAFC 86) in relation to the judgment provided by the Honourable Justice Moshinsky on 30 November 2023 (PepsiCo, Inc v Commissioner of Taxation [2023] FCA 1490). PepisCo and SVC were successful in a 2:1 split decision: Perram and ...

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Authors: Sophie Lewis, Keith Swan,

Published Date: 28 June 2024