In the past year there have been some potentially landmark developments in the interpretation of section 8-1 of the Income Tax Assessment Act 1997 (C'th). This paper analyses the implications of recent decisions in Malouf, Day, Spriggs & Riddell, St George and others and answers:
- whether there are any new principles emerging?
- is there a new test to satisfy the positive limb?
- has the capital exclusion been expanded?
- how wide should the factual survey be to provide a context for the outgoing?
- what are the trends and likely appeal outcomes?