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Taxation Law and Practice The issue of residency, for Australian tax payers, has been considered by the High Court for the first time in this case in over 40 years. Bywater investments limited & ors v. commissioner of taxation is a case that primarily focuses on Section 6 of the Income Tax Assessment Act 1936 (Cth) concerning the residency of a company that is not incorporated in Australia. The decision in this case determines the long …
Taxation Law and Practice Brief Statement of Material Facts The case is with respect to a dispute arise between the Commissioner of Taxation and the relevant taxpayers with respect to the residence of the corporation as the company was not incorporated in Australia but its place of Central management and control was residing in Australia only. There were four appellants in this case- Bywater Investments Limited, Chemical Trustee Limited, Hu…
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