Justice Edmonds' judicial output was large, but it did not prevent him from presenting several extra-judicial speeches and papers every year. These represent an impressive body of work: both scholarly and practical. In these writings, Edmonds J analyses the Australian tax system and advocates...

This article summarises and analyses Australia's treatment of interest expense for tax purposes, with a focus on cross-border interest. It covers the definition of interest for tax purposes, payments equivalent to interest, the circumstances in which interest is deductible to the lender and...

This article compares the “brave new” group-wide approach under Action 4 of the G20/OECD Base Erosion and Profit Shifting initiative to the fixed ratio alternative. The conclusion in this article is that the group-wide approach – which is not as novel as some assume – should be...

Other than individuals, the most common taxable entities in Australia are companies. The income tax definition of company includes companies formed under the Corporations Act 2001, other bodies corporate and unincorporated associations (except partnerships and certain joint ventures). Limited...

Cross-border intra-group debt represents a significant proportion of total global monetary flows. Responding to tax base erosion from related party interest deductions, countries have introduced domestic rules against “interest stripping” but the heterogeneity of these rules leads to double...

This article considers multinational enterprises' capacity to deduct interest expenses in light of the implementation of Action 4 of the OECD/G20 Base Erosion and Profit Shifting Project and the OECD's current work on transfer pricing of financial transactions. It concludes that there has been a...

Loopholes for avoiding tax have traditionally been recognised as flaws in our income tax legislation. Less recognised is the fact that the ever-increasing complexity of Australia’s tax legislation also creates “reverse loopholes” – unintended instances of double taxation. The existence...

In 16 years on the Federal Court bench, Hill J made a major contribution to the entire field of tax jurisprudence. The concept of “ordinary income”, at the core of the income tax, was developed and clarified by Hill J in a number of judgments. All of Hill J’s significant judgments on...

Cross-border intra-group debt represents a significant proportion of total global monetary flows. Responding to tax base erosion from related party interest deductions, countries have introduced domestic rules against "interest stripping" but the heterogeneity of these rules leads to double...