It’s tax time again! As a result, there is more focus on ATO public guidance and the need to make calls on tax issues and outcomes. Sometimes, this will raise the need for interpretation. Where this occurs, remember to apply ordinary purposive principles. Start and finish with the statutory text – this is fundamental. In between, consult context in the widest sense – you don’t need to first find ambiguity or some other problem. Look at legislative history, extrinsic materials, policy and the mischief. Be careful, however, not to substitute what the explanatory memorandum says for the Act. And don’t decide the policy first, then read the statutory words through that lens. Past iNOW! episodes will help you sort out most interpretational issues at tax time.
Gorana Kolundzic – Tax Counsel Network
See here for the official PDF of interpretationNOW! Episode 25
In this episode:
Writers – Gordon Brysland & Gorana Kolundzic. Special thanks – Ivica Bolonja & Jeremy Geale.