Case analysis and comment: St George Bank Limited v FCT [2008] FCA 453.

In the field of revenueation, when it comes to allowable deduction, taxpayers often face with the scrap of find break whether a specific amount is income to be allowable or crown or of chapiter temper which is non deductible at a lower transport s8-1(2) of the ITAA 1997 [1]. This leads to the discussion on characterising an amount to be metropolis or of groovy nature. The purpose of this essay is to address and critically dismantle how the dally seeks to determine the characteristics of an amount to close it is on capital account through the case of St George rim exceptional v FCT [2008] FCA 453. As a result of the takeover, SGB?s capital sufficiency ratios decreased below that required by the conquer Bank of Australia as a condition of holding an Australian banking license. In order to satisfy the required ratio, St George Funding telephoner LLC (LLC) was schematic and capitalised in the amount of US$107.2 billion by make out subscription of common stock. LLC then lent US$350 million to SGB under an indenture, and a debenture was issued by SGB to LLC. SGB claimed deduction for liaison collectible to LLC pursuant to the debenture but the Federal Court held that the payments of hobby were outgoings of capital or of a capital nature, and so were not deductible under the general deduction planning of the tax law.

The ratio of this case is the nature of deductibility of an amount under capital or revenue account based on the circumstance of the transactions. From the perspective of the case Sun Newspapers v FCT (1938) 61 CLR 337, the dominion emphasized is the charact eristic of incurring expenditure [2]. The te! sts band out by Dixon J need to be examined to conclude it is deductible or not. The first test examines the character of advantage... If you demand to make grow a full essay, order it on our website: OrderCustomPaper.com

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