Commissioner of Taxation v Orica

[1998] HCA 33
Judgment date
Case number
M97/196
M98/1996
Before
Brennan CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Income tax – Agreement for third party to discharge taxpayer's future liability to repay debentures – Taxpayer pays third party net present value of liabilities – Whether difference between net present value and face value of liabilities is assessable income – Whether income according to ordinary concepts – Historical cost approach – Economic equivalence – Single transaction – Whether profit-making scheme.

Income tax – Capital gains – Whether difference between net present value and face value of liabilities is a capital gain – Whether taxpayer's rights against third party under agreement are an asset – Whether performance of contractual obligations amounts to disposal of asset.

Income Tax Assessment Act 1936 (Cth), ss 19, 25, 25A, 160A, 160M.

Words and phrases – "income", "asset", "discharge", "satisfaction".