Healius decision – defining a business’ structure

The Full Federal Court has upheld the Australian Taxation Office’s (ATO) appeal, as discussed by Louise Lovering and Keith Swan.

The decision of the Full Federal Court in Commissioner of Taxation vs Healius Limited [2020] FCAFC 173, overturning the decision of the primary judge, highlights the important role that a proper characterisation of the business plays in determining the age old question of whether expenditure is on revenue or capital account.Once again, the character of the advantage sought largely turned on the identification of the rights, assets and activities that formed part of the profit-making structure...

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Authors: Louise Lovering, Keith Swan

Published Date: 16 November 2020