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23 May 20211 minute read

Glencore wins in High Court on Transfer Pricing

The High Court of Australia has today refused to grant the Commissioner of Taxation leave to appeal against the Full Federal Court decision. Glencore won against the ATO in almost all respects in the Full Federal Court, and earlier before a single Judge of the Federal Court of Australia.

The Full Federal Court judgement is then the final word on the matter. It provides important guidance on the use of witnesses, and the evidence taxpayers must have as to the place their prices have within the range of comparables.

Our article summarising the Full Federal Court judgement can be read by clicking here. A further briefing describing the ATO grounds of appeal to the High Court can be seen by clicking here.
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