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ARTICLE · 02 MARCH 2015

Copyright and data streams – a taxing problem

One of the issues raised in this private ruling was in relation to the payment of withholding tax by Seven for royalties.

AustraliaTax
Michele Davis
Michele Davis
Rachael Nyst
Rachael Nyst
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By Hayden Delaney,Partner; Michele Davis,Associate and Rachael Nyst,Solicitor

Case Update and Commentary

On 22 December 2014, Justice Bennett of the Federal Court of Australia delivered her judgment in Seven Network Limited v Commissioner of Taxation [2014] FCA 1411.

The proceeding was commenced by Seven Network Ltd (Seven) after the Commissioner of Taxation (Commissioner) disallowed Seven's objection to three penalty notices issued by the Commissioner after its notice of private ruling had been given. Seven was seeking declarations that it did not have to withhold tax in relation to certain payments it made to the International Olympic Committee (IOC) in relation to the use of a signal (being the ITVR Signal), which was used by Seven in its live television broadcasts in Australia of the Olympic Games.

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