Tax

In a loss for the Australian Taxation Office, the Full Federal Court has found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

A former Ernst & Young partner accused of promoting tax exploitation schemes wants to strike out portions of the ATO's case, but the tax office argues he has threatened the application since last year and is preoccupied with a satellite fight to keep his name out of the media.

A Senate report into the government's use of consultants, launched in the wake of PwC's leak of confidential Treasury information, has recommended an inquiry into whether partnerships should be subject to the same regulations as corporations and again called on PwC to release the names of all those involved in the leak of confidential government information.

The founders of streetwear retailer City Beach have won a fight with the ATO over the taxation of a $52 million disposal of pre-capital gains tax assets.

The High Court has agreed to take up a dispute between SkyCity Adelaide and South Australia's treasurer over the tax treatment of reward points that gamblers convert to gaming chips.

A former Ernst & Young partner has claimed privilege against exposure to penalty and is seeking orders to avoid filing a defence in proceedings by the Australian Taxation Office alleging he promoted tax exploitation schemes.

A former PricewaterhouseCoopers partner has brought defamation proceedings over public statements he alleges falsely linked him to the tax leaks scandal that rocked the professional services firm last year.

PricewaterhouseCoopers is facing a lawsuit by the executor of a deceased estate alleging the accounting firm gave negligent advice and acted with a conflict of interest while advising on tax liabilities for the deceased’s $100 million in assets.

Billabong founder Gordon Merchant has lost his challenge to a decision by the ATO to increase his tax liability to $31 million, finding that he conducted a “wash sale” of his Billabong shares and engaged in dividend stripping on the sale of bio plastics manufacturer Plantic Technologies. 

The ATO has lost its appeal of a tribunal decision in favour of Perth land developer Tina Bazzo, with the court rejecting its “all or nothing” approach to a key provision of the Taxation Administration Act.