General anti-avoidance Practice Statement – release of reviewed PS LA 2005/24 delayed by further consultation

There have been significant changes to Part IVA since the original PS LA 2005/24 was drafted. The PS LA is being updated to reflect relevant court decisions and provide guidance on the amended legislation. The publication of PS LA 2005/24 is temporarily on-hold to allow for additional external consultation to take place. Refer to Matters…

Simplifying transfer pricing record keeping

[The ATO states, on its website] We conduct transfer-pricing reviews as part of broader risk reviews of businesses under our compliance program. Documenting your transfer pricing: is important for demonstrating your compliance with Australia’s transfer pricing rules can be costly, particularly for smaller businesses. The ATO have developed some simplified transfer pricing record keeping options…

CGT treatment of ‘‘Earn-out’s’ prior to passage of the Bill to enact the announced ‘look-through’ CGT treatment

This measure is now proposed to apply to look-through ‘‘Earn-out’’ rights created on or after 24 April 2015. ‘‘Earn-out’’ rights created before this date should consider the treatment described in scenario 1 below. For all other taxpayers, the treatment described in scenario 2 and 3 below should be considered. ‘Earn-out’ rights created between 11 May 2010 and 23…

Re Crown Estates (Sales) Pty Ltd and FCT – taxpayers appeal to Federal Court against decision that ITC’s could not be claimed they were ‘agents’

Two taxpayers have appealed to the Federal Court against the decision in Re Crown Estates (Sales) Pty Ltd and FCT [2015] AATA 949. The AAT found the 2 taxpayers who conducted a property management business were not entitled to input tax credits (ITCs) in relation to goods and services supplied to their clients (the property…