See Also
Mussalli v Commissioner of Taxation, [2021] FCAFC 71
Two Australian trusts that were to be the franchisees for seven McDonald’s restaurants agreed, at the same time as they agreed to enter into...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Improvements v. Repairs or Running Expense | “rent prepayments” made by new franchisees to reduce percentage rent payments on leases were capital expenditures | 216 |
Mussalli v Commissioner of Taxation, [2020] FCA 544, aff'd [2021] FCAFC 71
Two family trusts (MFT and MIT) agreed to lease restaurant premises from McDonald’s Australia Limited (MAL). The agreements-to lease (FLLs) had...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Improvements v. Repairs or Running Expense | a partial rent prepayment was a capital expenditure | 261 |
Healius Ltd v Commissioner of Taxation, [2019] FCA 2011, rev'd [2020] FCAFC 173
The taxpayer was an Australian public company that provided (including, relevantly, through a subsidiary trust (“Idameneo”) whose results were...
Words and Phrases
goodwillCommissioner of Taxation v Sharpcan Pty Ltd, [2019] HCA 36
The taxpayer had been receiving a percentage of the income derived from 18 gaming machines at its hotel premises. However, the licence of the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Concessions and Licences | periodic payments under 30-year government concession were currently deductible | 206 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(34) - Paragraph 13(34)(b) | 10-year gaming licences required to maintain existing gaming revenues were not for goodwill | 245 |
| Tax Topics - General Concepts - Purpose/Intention | purpose distinguished from motive | 237 |
Basell Canada Inc. v. The Queen, 2008 DTC 2108, 2007 TCC 685
A sum of U.S.$16.3 million that the taxpayer paid, at the same time that it purchased a business of the vendor, as consideration for the...