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