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Slutzkin v Federal Commissioner of Taxation, was a High Court of Australia case concerning the tax position of company owners who sold to a dividend stripping operation. The Australian Taxation Office (ATO) claimed the proceeds should be treated as dividends, but the Court held they were a capital sum like an ordinary investment asset sale.

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  • Slutzkin v Federal Commissioner of Taxation (en)
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  • Slutzkin v Federal Commissioner of Taxation, was a High Court of Australia case concerning the tax position of company owners who sold to a dividend stripping operation. The Australian Taxation Office (ATO) claimed the proceeds should be treated as dividends, but the Court held they were a capital sum like an ordinary investment asset sale. (en)
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  • Slutzkin v Federal Commissioner of Taxation (en)
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  • http://commons.wikimedia.org/wiki/Special:FilePath/Coat_of_Arms_of_Australia.svg
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  • Slutzkin v Federal Commissioner of Taxation, was a High Court of Australia case concerning the tax position of company owners who sold to a dividend stripping operation. The Australian Taxation Office (ATO) claimed the proceeds should be treated as dividends, but the Court held they were a capital sum like an ordinary investment asset sale. In the taxonomy of tax schemes the overall operation was a classic exploitation of income versus capital dichotomy. But there was no need for contrivance or collusion, the different tax treatment to each party simply made the transaction an advantage to both. The principal interest in the case today is its part in judicial interpretation of the section 260 anti-avoidance provisions of the Income Tax Assessment Act 1936, and indirectly in overall dividend stripping operations of the time (insofar as action against the vendors' position failed). (en)
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  • Sale of a company is a capital transaction for the seller, even if the buyer is likely or is intending to perform a dividend strip. (en)
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  • Slutzkin v Federal Commissioner of Taxation 6 ATR 81, 9 ALR 76, 76 ATC 4019 (en)
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