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Australia sale of goodsunjust enrichment

Commissioner of Taxation v McNeil

(2007) 229 CLR 656
JurisdictionAustralia
CourtHigh Court of Australia
Year2007
StatusBinding authority

Summary

A 'right to acquire shares' received by a shareholder in a rights issue constitutes assessable income rather than a capital gain, determined by the character of the receipt in the hands of the taxpayer.

Key Principle

capital gains tax; rights issue; assessable income vs CGT; character of receipt; bonus share issue

Area of Law

tax

Related Cases

Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503

Statutory interpretation in tax law requires ascertaining meaning from text, context and purpose; beneficial construction favouring taxpayer is not appropriate.

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (Statutory Construction) [2012] HCA 55

Tax legislation is construed by giving words their ordinary meaning in context; legislative purpose resolves ambiguity but cannot override clear statutory language.

Aid/Watch Inc v Commissioner of Taxation (2010) 241 CLR 539

An organisation engaged in political advocacy and law reform can qualify as charitable, as generating public debate on matters of public interest satisfies the public benefit requirement.

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