Episode 23

The FCAFC in Chevron upheld certain transfer pricing assessments1.  Allsop CJ (at [3]) said it was ‘paramount to recognise the fiscal and commercial context’ of provisions – ‘To begin and end with the words of the statute does not reflect a call to narrow textualism … it is the words used by Parliament which frame the question of meaning … Context, however, is indispensable … It gives the place, the wholeness and the relational reality to words; it helps prevent linear thinking and sometimes beguilingly simple and attractive logic with words driving meaning to unrealistic and impractical ends; and it helps ascribe meaning conformable with commonsense and convenient purpose gained from the relevant part of the statute as a whole’.  iTip – live by these words!

Joseph Ayoub – Tax Counsel Network

See here for the official PDF of interpretationNOW! Episode 23

In this episode:


Writers – Joseph Ayoub & Gordon Brysland. Producer – Michelle Janczarski.

Chevron Australia Holdings v FCT [2017] FCAFC 62.