The Commissioner of Taxation of the Commonwealth of Australia v. Thomas
The Commissioner of Taxation of the Commonwealth of Australia v. Martin Andrew Pty Ltd
The Commissioner of Taxation of the Commonwealth of Australia v. Thomas Nominees Pty Ltd
The Commissioner of Taxation of the Commonwealth of Australia v. Thomas
Case No.
B60/2017, B61/2017, B62/2017 and B63/2017
Case Information
Lower Court Judgment
12/04/2017 Federal Court of Australia (Dowsett J, Perram J, Pagone J)
Catchwords
Taxation –Franking credits– Income Tax Assessment Act 1997 (Cth) pt 3-6 div 207 – Where trustee resolved to apply net income of trust fund to benefit of two beneficiaries on assumption franking credits could be treated as separate category of income from dividends to which credits attached – Where Commissioner of Taxation notified trustee of intention to commence audit – Where trustee sought directions from Queensland Supreme Court under Trusts Act 1973 (Qld) s 96 as to proper construction of trust deed and resolutions – Where Commissioner notified of proceedings but did not seek to become party – Where Supreme Court declared trustee resolutions effective to achieve franking credit distributions – Where Commissioner of Taxation issued amended notices of assessment – Where primary judge upheld amended assessments – Where Full Court allowed appeal – Whether Full Court erred in concluding Commissioner bound by declarations made by Supreme Court – Whether Full Court erred in concluding franking credits may be distributed on a different basis to income from dividends.
Documents
20/10/2017 Hearing (SLA, Sydney)
02/11/2017 Notice of appeal
10/11/2017 Notice of Contention and Notice of Cross Appeal (Respondent)
16/11/2017 Notice of Constitutional Matter (Respondent)
24/11/2017 Written submissions - B60/2017 (Appellant)
24/11/2017 Written submissions - B61/2017 (Appellant)
24/11/2017 Written submissions - B62/2017 (Appellant)
24/11/2017 Written submissions - B63/2017 (Appellant)
24/11/2017 Chronology - Joint (Appellant)
22/12/2017 Written submissions - B60/2017 (Respondent)
22/12/2017 Written submissions - B61/2017 (Respondent)
22/12/2017 Written submissions - B62/2017 (Respondent)
22/12/2017 Written submissions - B63/2017 (Respondent)
18/01/2018 Written submissions - Joint (Attorney-General of the State of Queensland intervening)
25/01/2018 Written submissions - Joint (Attorney-General of the Commonwealth intervening)
25/01/2018 Reply - B60/2017 (Appellant)
25/01/2018 Reply - B61/2017 (Appellant)
25/01/2017 Reply - B62/2017 (Appellant)
25/01/2017 Reply - B63/2017 (Appellant)
09/04/2018 Outline of oral argument (Respondents)
10/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
10/04/2018 Outline of oral argument (Appellant)
10/04/2018 Outline of oral argument (Attorney-General of the Commonwealth intervening)
10/04/2018 Outline of oral argument (Attorney-General of the State of Queensland intervening)
11/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
08/08/2018 Judgment (Judgment summary)