High Court of Australia

Commissioner of Taxation of the Commonwealth of Australia v Word Investments Limited [2008] HCA 55

236 CLR 204; 83 ALJR 105; 251 ALR 206

3 Dec 2008

Case Number: M41/2008

Before

Gummow, Kirby, Hayne, Heydon, Crennan JJ

Catchwords

Taxation – Income tax - Charities - Entity engaged in investment business and funeral business - Profits distributed to religious organisations - Whether entity exempt from income tax as "charitable institution" - Income Tax Assessment Act 1997 (Cth), ss 50-1, 50-5, 50-50, 50-52.

Taxation – Income tax - "Charitable institution" - Whether sufficient for entity to have solely charitable purposes - Whether necessary for entity to engage in charitable activities directly - Whether necessary that distributed profits applied for charitable purposes.

Taxation – Income tax - "Charitable institution" - Whether entity's objects in fact confined to charitable purposes.

Taxation – Income Tax - Special condition for "charitable institution" income tax exemption - Income Tax Assessment Act 1997 (Cth), s 50-50(a) - Whether entity has physical presence in Australia - Whether entity "incurs its expenditure and pursues its objectives principally in Australia".

Words and phrases – "charitable institution", "incurs its expenditure and pursues its objectives principally in Australia", "institution".

Income Tax Assessment Act 1936 (Cth) – s 23(e), (j).

Income Tax Assessment Act 1997 (Cth) – ss 50-1, 50-5, 50-50, 50-52, 50-55, 50-57, 50-60, 50-65, 50-105, 50-110, 50-115, 50-140, 50-145, 50-155.

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