2014

Resides in Australia - The Reboot in Dempsey v Commissioner for Taxation Webinar

Source: QLD

Published Date: 21 Nov 2014

 
Harry Lakis represented the successful Applicant in the recent residency case of Dempsey v Commissioner for Taxation [2014] AATA 335. This case is widely considered to have reset the approach for analysis of residency in Australia, when a Presidential bench of the Administrative Appeals Tribunal upheld the statutory test as construed by the High Court in 1946, and in doing so rejected the adherence to checklists as had evolved in both the Commissioner's practice, and some recent Tribunal decisions.

Is "continuity of association"? a relevant test? Can the taxpayer have a house in Australia? What if they ticked the wrong box on their customs entry card? What were identified as the relevant factors now? In the words of the Tribunal: Harry discussed the paramount "principles"? as prescribed in the law, and compare this to its "application"? by Tribunals.

Resides in Australia - The 'reboot' in Dempsey v Commissioner of Taxation

Author(s): Harry Lakis CTA

Details

  • Published On:21 Nov 2014
  • Took place at:Online

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research critisism or review, as permitted under the copyright Act, no part may be rerpoduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

This material is copyright. Apart from any fair dealing for the purpose of private study., research, critisism or review, as permitted under teh copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opininons are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

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