PepsiCo in the High Court of Australia: Last Drinks for the Commissioner of Taxation

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Authors: Kerrie Sadiq, Michael Dirkis
Cited by: 1
References: 54

Abstract

On 13 August 2025, the High Court of Australia ruled 4:3 for PepsiCo, holding that payments to an unrelated distributor contained no embedded royalties and that no income was “derived” for withholding tax purposes. In Australia’s first diverted profits tax case, the court also found no tax benefit, with significant implications for multinationals and the Australian Taxation Office’s interpretive approach.

Fields of Study & Subjects

Commonwealth Australian Politics and Federalism Legal Language and Interpretation Taxation and Legal Issues

Publication details

Journal / source
Bulletin for international taxation
Publisher
IBFD
Volume
80
Issue
2
Publication date
12 January 2026
Language
EN