Joanna M. Black

Oct 25, 2024 | mondaq.com | Andrew Sharp |Joanna M. Black |Michael Rockefeller

There is an age-old adage that "bad facts make bad law", which in the world of tax jurisprudence has proven to be the case time and time again. However, every so often, from a particular and curious set of facts can emerge principles that help clarify an otherwise confusing and often contradictory set of judicial principles.

Aug 14, 2024 | mondaq.com | Neil Pereira |Joanna M. Black |Nick Moore

As expected, the Commissioner of Taxation (Commissioner) has now applied for special leave to appeal to the High Court of Australia in respect of the recent decision of the Full Federal Court (FFC) in PepsiCo, Inc v Commissioner of Taxation [2024] FCAFC 86 1.

Jul 28, 2024 | mondaq.com | Joanna M. Black |James Head |Edward Consett

On 6 June 2024, the Federal Court of Australia (FCA) found in favour of the taxpayer in Ierna v Commissioner of Taxation [2024] FCA 592. The FCA determined that: The specific anti-avoidance rule in section 45B of the Income Tax Assessment Act 1936 (ITAA 1936) did not deem a capital return paid following an internal restructure to be an unfranked dividend; and The scheme did not attract the application of the general anti-avoidance rules in Part IVA of the ITAA 1936.

May 19, 2024 | mondaq.com | Sean R. Keegan |Joanna M. Black

IntroductionTreasurer Jim Chalmers handed down the Albanese Government'sthird budget on 14 May 2024. The Federal Budget measures were notentirely unexpected, with key initiatives focused on easingcost-of-living and inflation pressures and investing in the"Future Made in Australia" policy and renewable energyinvestment. There is very little in relation to tax reform announced in theFederal Budget.

May 8, 2024 | mondaq.com | Neil Pereira |Andrew Sharp |Joanna M. Black |Amanda Spinks

Please join us in recapping this virtual event where we presented a review of the latest tax developments in Australia including legislative updates on thin capitalisation and Pillar 2, recent case updates, public CBC, employment taxes and FBT. Originally published 30 April 2024 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.