Section 51 has been one of the most litigated provisions of our tax legislation. In 1997 it was replaced by section 8-1. This paper covers how these provisions have been interpreted and applied by the ATO and by the Courts since 1997 including consideration of:
- general deductibility - what has happened since 1997?
- demarcation or boundary issues with the remainder of the legislation
- timing of deductibility issues
- purpose and when it becomes relevant
- how does all this fit with the Consolidation Regime?