Aurizon Holdings Limited v Commissioner of Taxation

[2022] FCA 368

Federal Court of Australia8 April 2022

Built by Barristers,
For Australian Law.

1. Taxation
2. › where amount paid to company by sole shareholder expressed to be for nil consideration and not in exchange for further shares
3. › where amount adjusted to contributed equity of the company constituted, at the time, solely by share capital
4. › whether contributed amount properly characterised as an ‘amount of share capital’ within meaning of Income Tax Assessment Act 1997 (Cth)
5. › amount properly characterised as share capital
1. Taxation
2. › whether declaratory relief should be declined because an alternative and more appropriate remedy was available to the applicant
3. › whether applicant should have sought private ruling from Commissioner
4. › purpose of statutory scheme for private rulings before the Commissioner
5. › declaratory relief not declined on discretionary grounds
6. › declaratory relief to be granted

Citation[2022] FCA 368

CourtFCA

JurisdictionCommonwealth

Decision Date8 April 2022

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