The Magic of Sandini: Obtaining Tax Certainty via Declaratory Relief

In Sandini Pty Ltd v Commissioner of Taxation [2017] FCA 287 (currently on appeal) the Federal Court granted a declaration that the taxpayer was entitled to the benefit of a CGT rollover under Subdivision 126-A of the ITAA 1997 in respect of a transfer of assets in compliance with orders of the Family Court of Australia. While the decision is currently on appeal, the avenue of declaratory relief – which has been much discussed but little used - may offer a suitable path for taxpayers in many cases. Gareth Redenbach and Andrew Broadfoot QC will discuss the path to relief, and the potential pitfalls along the way