Making tax law more certain: a theory

Article Abstract:

(Author abstract) Rules can make tax law certain in simple and stable domains. A theory of how to make law more certain is developed for complex, dynamic domains. Its first step is to define overarching principles and make them binding. Next, a set of rules to cover the complex areas of tax law is defined. In a contest between a rule and an overarching principle, it will not be the rule that is binding. That is, the principle is not merely used to assist in interpreting the rule. Rather is is the principle that is binding with the rules used to assist in applying the principle. Specific sets of rules for the most commonly used types of transactions or business arrangements are also written. This might involve a dozen different sets of rules to regulate concrete arrangements. Such rules actually merely specify examples of how the principles apply. Each of the dozen sets of illustrative rules is followed with an explanation that the reason for the rules being this way in this concerte situation is to honour the orverarching principles.

Tax Law, Public Finance Activities, Management dynamics, Management, Company business management, Law reform, Legal reform

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High Court rejects an expanded interpretation of section 51 of the Income Tax Assessment Act

Article Abstract:

An appellant argued before the Australian High Court that a wide concept of revenue or income had been established in the case Federal Commissioner of Taxation v Myer Emporium Ltd (Myer). Appellant maintained that this wide interpretation should be applied to the expenses incurred by removal of unsafe and inefficient mining equipment. The court did not argue this as a point of law but maintained that the case at hand was unlike Myer. The court rejected treating the expenses as recurrent and linked to a revenue account.

Laws, regulations and rules, Recognition of gain or loss (Taxation), Recognized gain or loss (Taxation)

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Wielding the axe on Australia's tax laws

Article Abstract:

Australia's tax laws have become unnecessarily arcane and too complex to be understood by ordinary citizens. Examination of the High Court's judgment in Hepples v Commissioner of Taxation reveals the tangle of laws. The redraft of Division 16E of the Income Tax Assessment Act demonstrates that clear thinking and clear language may disentangle unnecessary complexity.

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