South Dakota v. Wayfair, Inc. – the US Supreme Court case that decided American States can impose taxes on sales without the vendor having a physical presence (viz: internet sales)

From Wikipedia The South Dakota case This is the decision which overturned Quill Corp. v. North Dakota (1992), which, in turn, had held that the ‘Dormant Commerce Clause’ barred American States, from compelling retailers, to collect ‘sales’ or ‘use’ taxes, in connection with mail order or Internet sales, made to their residents, unless those retailers had…

US Supreme Court puts Amazon, Google in tax sights around the world, including Australia – South Dakota can tax Wayfair’s internet sales

Australian Financial Review – 9 July 2018 Article by Neil Chenoweth   As Australia considers new measures to tax foreign online sales, the US Supreme Court has handed down a groundbreaking judgement that signals a radical change in taxing rights over technology companies. The decision, in South Dakota vs Wayfair Inc (handed down on 21 June 2018),…

Stapled Structures for Infrastructure – whether Part IVA ‘tax avoidance’ provisions could apply – as the Commissioner postulates in Tax Alert TA 2017/1 (unlikely)

A paper prepared for the Tax Institute’s National Infrastructure Conference, by Mr Greg Davies QC and Mr Eugene Wheelahan of the Victorian Bar – on 17 May 2018.   1   Introduction In its Taxpayer Alert, TA 2017/1, the Australian Taxation Office (ATO) states that it is reviewing arrangements which “attempt to fragment integrated trading businesses…

Taxation of Digital (Digitised) Economy – a round up of global developments with a ‘glimpse over the horizon’ at the direction of both direct and indirect taxes

The world is full of ‘Taxation of the Digital Economy’ material, but I saw a 1 hour ‘webcast’ by KPMG, on this subject, which I thought was very useful in that, it covered the fundamentals of the subject well, and gave good insight into the direction of future taxes, both direct and indirect. This is…

Whistleblowing and leaks: in the public interest (or not) – an American view giving perspective for Australia, while as our legislation makes its way through Parliament

Whistleblowing and leaks – in the public interest (or not): an American view The following is an extract from an article by Michael Walzer, entitled ‘Just and Unjust Leaks’, which was published in the ‘Foreign Affairs’ publication (March/April 2018; Volume 97, Number 2; www.foreignaffairs.com). Abstract:   This US insight comes while the Australian Bill, for…

‘Stapled’ Company Share and Trust Unit arrangements (that avoid Div 6C corporate rate tax) – Integrity Measures Package – detailed announcement

STAPLED STRUCTURES Details of integrity package March 2018 [Australian Government – Treasury: Measures announced 27 March 2018, Details of Measures; Related TT Tax Month Article] OVERVIEW A stapled structure is an arrangement where two or more entities that are commonly owned (at least one of which is a trust) are bound together, such that they…

Senate Economics Legislation Committee’s Report on the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 – Content of the bill (a useful summary)

The Senate – Economics Legislation Committee Committee’s Report – Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 [TT Tax Month article: Exposure Draft of Bill; Introduction of Bill; Committee’s Report]   Chapter 2 – Content of the Bill (extract) – a useful summary Harmonising whistleblower regimes 2.1 The current protections in the Corporations Act 2001 (the Corporations Act) cover a current…