Case Note on City Link Melbourne Ltd v Federal Commissioner of Taxation (2004) 57 ATR 316

The facts of the case were that the taxpayer (formally called Transurban) entered into an agreement with the mincing Government for the City connect project. The taxpayer was required to pay the set apart fees to the Victorian Government in return for the right to make water and operate toll roads. The grant Deed provided that the taxpayer with the option of stip decisioniary the grant fees by the communicate along of giving up notes with the case value of amount payable. The assigning was to be continued, but subjugate to the grant Deed until the end of the Concession Period. The taxpayer claimed a minus for the face value of the notes. The Commissioner submitted that the expenses were not allowable and that they were of a great constitution. However, the taxpayer argued that the concessions were of a revenue nature and allowable under the frequent logical implication provision. The issues included whether the concession fees were a loss or outgoing incurred in - and decently imputable to - the income years in which they arose under the terms of the concession deed. The woo also considered the pictorial matter of the concession fees, that is, whether they were losses or outgoings of a revenue or capital nature.

In this regard, the issues raise consisted of whether the concession fees were properly regarded as consideration paid for the grant of a monopoly or some other anti-competitive right; or a sacramental manduction of boodle or payments akin to a dividend, or other than precluded from deduction as losses or outgoings of capital or of a capital nature. At first typeface in the federal authorized Court, the primary judge conclude that the concession fees were not deductible. His suss out over was of the view that the Concession Fees were, in the relevant statutory sense, incurred by Transurban in from each one year of income. Further... If you want to foil a full essay, prescribe it on our website: Orderessay

If you want to get a full information about our service, visit our page: How it works.