What the ATO’s statement on the Victoria Power Networks decision means for infrastructure providers and beyond

While the broader utility of this decision may be limited, two general principles can be summarised from the case, as outlined by Tim Lynch, James Macky and Michael Baartz.

A decision impact statement (DIS) on Victoria Power Networks Pty Ltd v Commissioner of Taxation [2020] FCAFC 169 (VP Networks) was released by the Australian Taxation Office (ATO) on 4 March 2021. As outlined in our previous article of 5 November 2020, which also summarised the key facts of this case, a significant technical point from this decision (in addition to what is ordinary income) is the Full Federal Court’s interpretation of section 21A of the Income Tax Assessment Act 1936 (regard...

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Authors: Tim Lynch, James Macky,

Published Date: 10 March 2021