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ATO, PepsiCo fight over royalty withholding tax goes to High Court
Tax 2024-11-08 11:06 pm By Cat Fredenburgh

The ATO has won the nod from the High Court to appeal a finding that a royalty withholding tax did not apply to payments from Schweppes to PepsiCo under agreements to sell brands like Pepsi and Gatorade in Australia.

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ATO asks High Court to reverse PepsiCo’s win on royalty withholding tax
Intellectual Property 2024-08-09 11:41 pm By Sam Matthews

The tax office has asked the High Court to overturn a decision which found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

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Full Court finds bottling agreement payments to PepsiCo’s not taxable royalties
Tax 2024-06-26 11:39 pm By Cindy Cameronne

In a loss for the Australian Taxation Office, the Full Federal Court has found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

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ATO’s assessments for Mylan’s $1.4B Alphapharm acquisition ‘excessive’, court rules
Tax 2024-03-21 5:08 pm By Cindy Cameronne

The Australian unit of drug giant Mylan has triumphed in a dispute with Australian Taxation Office, with a judge finding the ATO’s assessment for 2020 was “excessive” with respect to interest on loans to fund Mylan’s $1.2 billion acquisition of generic drug maker Alphapharm.

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PepsiCo appeals loss in case over royalty withholding tax
Tax 2024-01-22 3:50 pm By Christine Caulfield

US drink giant PepsiCo has lodged an appeal of a court win for the Australian Taxation Office over payments made by Schweppes under a distribution agreement that were found to be subject to royalty withholding tax.

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PepsiCo loses dispute with ATO over royalty withholding tax
Tax 2023-12-01 11:57 pm By Cat Fredenburgh

In a victory for the ATO, a judge has found that payments made by Schweppes to PepsiCo as part of a bottling and distribution agreement, which did not expressly provide for payment of a royalty for use of the company’s IP, were royalties and should be taxed accordingly.

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‘This is not a computer game’: Thomson Geer rails against remote witnesses in negligence case
Professional Negligence 2022-05-26 3:50 pm By Sam Matthews

A judge has allowed three witnesses for HK Realway to give evidence by video link at an upcoming negligence trial against Thomson Geer, over protests from the firm, which said it would be inherently unfair.

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Connective directors hit with indemnity costs for ‘outrageous’ conduct in shareholder stoush
Securities 2022-04-06 4:55 pm By Miklos Bolza

The directors of mortgage aggregator Connective Services have been hit with indemnity costs for their “outrageous conduct” in pursuing litigation against a company shareholder, including giving false statements and destroying evidence.

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Macquarie a ‘knowing participant’ in Connective shareholder oppression, court says
Corporate 2022-03-28 8:57 pm By Miklos Bolza

Two directors of mortgage aggregator Connective engaged in oppressive conduct towards a minority shareholder and Macquarie Bank was a “knowing participant” when it acquired $5 million worth of shares in the company, the NSW Supreme Court has found.

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ATO hits back at Pepsico lawsuit over Schweppes bottling payments
Tax 2022-03-25 9:31 pm By Miklos Bolza

A notice issued to Pepsico demanding royalty withholding tax over bottling payments made by Schweppes correctly notified the soft drink giant of its tax liability, the Australian Taxation Office has said.

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