Technical considerations: High Court’s definition of ‘associates’

Simon Clark and Scott Farrell discuss the High Court’s consideration of the “associates” definition in section 318 of the Income Tax Assessment Act 1936.

The High Court decision in BHP Billiton Limited v Commissioner of Taxation [2020] HCA 5 (BHP) clearly means that the s.318 definition of associates can apply beyond situations involving control to situations involving “sufficient influence”.It is also clear that the presence of sufficient influence involves a detailed consideration of the facts of the particular case. Given that the Dual-Listed Company (DLC) structure is relatively uncommon, there is a question as to the factual precedent tha...

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Authors: Simon Clark, Scott Farrell

Published Date: 19 March 2020