The Tax Institute Blog

Claire Horan, Victorian Bar, discusses the revenue/capital distinction

Written by The Tax Institute | May 13, 2020 4:54:38 AM

The 2020 Young Tax Professionals Online Series is designed to foster and develop the future of the tax profession. The 3-part series will be delivered by highly reputed practitioners offering a unique opportunity to all delegates to explore the practical issues faced by the tax practitioners.

We caught up with Claire Horan, Victorian Bar on her presentation for the upcoming 2020 Young Tax Professionals Online Series. Claire will be presenting the first topic in the series, on the Revenue/Capital distinction.

Revenue and Capital: not such a clear distinction

A barrister who specialises in taxation law, Claire has extensive experience which ranges over topics including transfer pricing, CGT, GST, payroll tax, stamp duty, R&D, royalties, and - of course - capital and revenue.

She says the distinction between the two types of expenditure is not always clear cut.

“The line between expenditure that is revenue or capital in nature is difficult to draw with precision and remains one of the most frequently litigated topics in tax cases,” she said.

In her 2020 Young Tax Professionals Online presentation, Claire will explore the distinction with reference to seminal authorities and the 2019 High Court decision in Commissioner of Taxation v Sharpcan Pty Ltd.

“I will be highlighting on Commissioner of Taxation v Sharpcan drawing emphasis to Nuances and implications,” she said.

“I will also touch on the subsequent cases like Healius Ltd v Commissioner of Taxation [2019] FCA 2011, Mussalli v Commissioner of Taxation [2020] FCA 544 and give delegages common threads and key takeways.”

Don’t miss Claire Horan’s insightful presentation on Revenue/Capital distinction on Monday 18 May 2020. Registration is still open! Click here to register.

 

About Claire Horan, Victorian Bar

Claire Horan is a barrister at the Victorian Bar with a specialist taxation and commercial practice.  Claire has many years’ experience in advising on federal and state tax disputes, particularly in the mining and infrastructure sectors

Claire has been a regular contributor to the Tax Institute. When she is not knee deep in tax, Claire is also a keen playwright, kayaker, hiker and home cook!

 

More from the 2020 Young Tax Professionals Online Series

The 3-part 2020 Young Tax Professionals Online Series will run through May - July.

Claire Horan, Victorian Bar, kicks off the series on Monday, 18 May 2020. In part 2, Linda Tapiolas, CTA, Cooper Grace Ward Lawyers will present How to restructure a small business concession and Dudley Elliott, CTA, Trove Advisory Group will close off the series with Business Solvency - Salvaging what you can! Tax and accounting considerations! Check out the full program here.

Kindly sponsored by Curtin University, Western Australia.