Formulating general principles in a difficult area: Justice Phang and revenue law
Publication Type
Book Chapter
Publication Date
9-2022
Abstract
Justice Andrew Phang has the distinction of having heard the greatest number of revenue law cases of any judge in Singapore, past or present. His judgments continue to be definitive statements of the legal position in multiple areas of revenue law and also provide a rich source of the history of revenue law in Singapore.This chapter focuses on the capital-revenue distinction, addressed by Justice Phang in ABD v CIT, the second-most cited domestic income tax case in Singapore. In discussing this important concept in revenue law, the chapter explained the historical reasons for the distinction and the rationale for retaining it in modern tax systems. It then considered the composite and integrated approach laid down by Justice Phang to determine whether an expenditure is capital or revenue in nature.
Keywords
Tax Law, Taxation, Singapore Tax, Singapore Law
Discipline
Asian Studies | Tax Law
Research Areas
Corporate, Finance and Securities Law
Publication
Pursuing Justice and Justice Alone – The Heart and Humanity of Andrew Phang’s Jurisprudence
Editor
GOH Yihan
First Page
423
Last Page
447
Publisher
Academy Publishing
Citation
OOI, Vincent.
Formulating general principles in a difficult area: Justice Phang and revenue law. (2022). Pursuing Justice and Justice Alone – The Heart and Humanity of Andrew Phang’s Jurisprudence. 423-447.
Available at: https://ink.library.smu.edu.sg/sol_research/4188