Location of Board Meetings Insufficient To Determine Place of Central Management and Control

This case note explains the High Court of Australia’s November 2016 decision in Bywater Investments Limited v. Commissioner of Taxation; Hua Wang Bank Berhad v. Commissioner of Taxation, concerning the application of the central management and control test to determine corporate residence in Australia. It also canvasses the salient points of the earlier decisions of the Federal Court of Australia and the Full Federal Court of Australia, which were upheld by the High Court.