The Wade Case: An analysis
The Australian Taxation Office (ATO) considers ALL animals sold as part of a primary production business as trading stock. However, the word ALL is not contained in s 995 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997); rather, the ATO view is based on its interpretation of the findings in...
| Main Authors: | , |
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| Format: | Conference Paper |
| Published: |
2021
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| Subjects: | |
| Online Access: | http://hdl.handle.net/20.500.11937/81747 |
| _version_ | 1848764411054915584 |
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| author | Fullarton, Lex Pinto, Dale |
| author_facet | Fullarton, Lex Pinto, Dale |
| author_sort | Fullarton, Lex |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | The Australian Taxation Office (ATO) considers ALL animals sold as part of a primary production business as trading stock. However, the word ALL is not contained in s 995 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997); rather, the ATO view is based on its interpretation of the findings in Federal Commissioner of Taxation v Wade (‘Wade Case’).
This paper looks at the cases examined by their Honours in the Wade Case and similar cases related to the sale of livestock. It argues that the findings of the Wade Case may have been misinterpreted and that the ATO’s view is not as valid as is generally accepted. It argues that the revenue from sale of stud, or breeding, animals should be taxed under the capital gains tax provisions of the ITAA 1997 and not as income according to ordinary concepts. |
| first_indexed | 2025-11-14T11:18:55Z |
| format | Conference Paper |
| id | curtin-20.500.11937-81747 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T11:18:55Z |
| publishDate | 2021 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-817472021-03-02T07:48:57Z The Wade Case: An analysis Fullarton, Lex Pinto, Dale Trading Stock, Breeding Stock, Livestock, Business Expenditure, Capital Gains Tax, Capital Gains Tax Concessions, Income Tax Deductions The Australian Taxation Office (ATO) considers ALL animals sold as part of a primary production business as trading stock. However, the word ALL is not contained in s 995 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997); rather, the ATO view is based on its interpretation of the findings in Federal Commissioner of Taxation v Wade (‘Wade Case’). This paper looks at the cases examined by their Honours in the Wade Case and similar cases related to the sale of livestock. It argues that the findings of the Wade Case may have been misinterpreted and that the ATO’s view is not as valid as is generally accepted. It argues that the revenue from sale of stud, or breeding, animals should be taxed under the capital gains tax provisions of the ITAA 1997 and not as income according to ordinary concepts. 2021 Conference Paper http://hdl.handle.net/20.500.11937/81747 restricted |
| spellingShingle | Trading Stock, Breeding Stock, Livestock, Business Expenditure, Capital Gains Tax, Capital Gains Tax Concessions, Income Tax Deductions Fullarton, Lex Pinto, Dale The Wade Case: An analysis |
| title | The Wade Case: An analysis |
| title_full | The Wade Case: An analysis |
| title_fullStr | The Wade Case: An analysis |
| title_full_unstemmed | The Wade Case: An analysis |
| title_short | The Wade Case: An analysis |
| title_sort | wade case: an analysis |
| topic | Trading Stock, Breeding Stock, Livestock, Business Expenditure, Capital Gains Tax, Capital Gains Tax Concessions, Income Tax Deductions |
| url | http://hdl.handle.net/20.500.11937/81747 |