No depreciation deductions for copyright: ATO views on Primary Health Care case
The ATO has released a Decision Impact Statement on the decision of the Federal Court in Primary Health Care Ltd v FCT [2010] FCA 419. In that case, the Federal Court dismissed a claim by an operator of medical centres for depreciation deductions in respect of copyright in medical records. The taxpayer, Primary Health Care ...more
Deductions for education expenses against Youth Allowance: ATO view
On 29 July 2010, the High Court heard the Commissioner’s appeal against the decision of the Full Federal Court in FCT v Anstis (2009) 73 ATR 483. The Full Federal Court had allowed a taxpayer a deduction for education expenses as she had received a taxable Youth Allowance. According to the Tax Office, the High ...more
Meaning of "in the vicinity of" for car parking fringe benefits – Virgin Blue Airlines Pty Limited v FCT
The Federal Court has held that the phrase “in the vicinity of” as used in s 39A(1)(f) of the Fringe Benefits Tax Assessment Act 1986 (which relates to car parking fringe benefits) should be interpreted to mean “near”, “proximate” or “close”: Virgin Blue Airlines Pty Limited v FCT [2010] FCA 631 (Federal Court, Jagot J, ...more
Div 7A applies to "payments by direction" – FCT v Rozman
The Federal Court has confirmed that the deemed dividend provisions can apply where a payment is made by a debtor of a company to a shareholder at the direction of the company – and that, therefore, a payment for the purposes of the provisions does not preclude “payment by direction”: FCT v Rozman [2010] FCA ...more
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