The decision of the Court in Bywater Investments Ltd & Ord v FC of T [2016] HCA 45 reminds us that ‘central management and control’ is always a factual test. The case emphasises the importance of the degree of independent and informed judgement required by a board of directors in order for a company to be treated as a nonresident.” Do you agree with this proposition? Explain your answer and ensure you provide a detailed explanation of the facts and issues arising in this case, an assessment of the High Court’s judgement and refer to the relevant legislative provisions which this case is concerned with.

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Bywater Investments Ors v Commissioner of Taxation 2015 FCAFC 71 The High Court unanimously found that the appellants central management and control w... View the full answer