“In my view there was an identity of interest in the transaction, as between AXA and Macquarie Bank, which was not simply that of vendor and purchaser. Macquarie Bank had, in effect, undertaken to assist AXA to dispose of AXA Health in a way which would minimise AXA’s capital gains tax exposure. They were to have an ongoing relationship with respect to any short-term profit on resale. Their relationship was not at arms length. Their dealings reflected that fact.”
Critically discuss the decision of the court in Federal Commissioner of Taxation v AXA Asia Pacific Holdings Ltd  FCAFC 134 by considering the above extract from the decision of Dowsett J.
S 110-45(1B) of the ITAA 97 reads as follows: “Expenditure does not form part of the second or third element of the cost base to the extent that you have deducted or can deduct it.”
Critically discuss the practical application of the above provision, with specific reference to the meaning of the words “you have deducted or can deduct it”.
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Answer to Question 1 In this case the CGT events are sale of investment property, sales of shares and real estate property as per the section 100-20 of the ITAA 97. The cost base should include the cost of disposal and acquisition of assets as per section 110-25(3) of ITAA 97. Thesection 110-25(4)of the ITAA 97 provides that the renovation cost should be added to the cost base of the property. The section 100-45 of the ITAA 97 provides detail...Read More
Answers: 1. The section 100-20 of the ITAA 97 states that CGT event occurs from the sale of CGT assets are sale of investment property, real estate property and sales of shares. The costs associated with acquisition and disposal are included in cost base as per section 110-25(3) of ITAA 97. The cost of $250000 incurred for renovation the property will be added to the cost base of the property as per the section 110-25(4). ...Read More
Answer: 1). ...Read More
Answer: PART A Answer to Question i Arthur Murray (NSW) Pty Ltd V FCT (1965) 114 CLR 314 Case Facts The person paying tax was associated with providing lessons for dancing to students and also allowed discount to those who make early payment of fees. This practice was used so that the students gets encouraged in paying the fees early. In the agreement between...Read More
Answer :- 1.As stated by the rules the Fringe Benefit tax Assessment Act 1986 fringe benefits are those benefits which the employer pays to the employees other than actual wages and salary. The provisions in relation to fringe benefits would only be applicable when it can be established that the relationship between the provided and receiver is that of an employer and employee. Only when the relationship has been established the rule...Read More
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