Miscellaneous 2004

Tax Case: The search for the Holy Grail

Source: Taxation In Australia Journal Article

Published Date: 1 Feb 2004

 
'The ability of a private company employer to obtain unlimited deductions for contributions made to a superannuation fund benefiting employees who are directors and shareholders without either the trustee of the fund being liable to pay tax on the amounts contributed or the employer being liable to pay fringe benefits tax must be the holy grail for tax planners'.

It was with these almost sardonic words that Hill J, in the Federal Court's original jurisdiction, set the scene for his judgment in Walstern v Commissioner of Taxation [2003] FCA 1428.

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