The NSW Supreme Court has ruled that a trustee of a family trust had waived her privilege on legal advice contained in tax advice provided by the trust’s accountants. The trustee claimed legal professional privilege (LPP) in relation to documents produced in answer to a subpoena served on the trust’s accountants who had provided tax…
A taxpayer who claimed id=”mce_marker”0,104 for work-related car expenses and $6,497 for other work related expenses in his 2009-10 tax return, which the Commissioner disallowed, has been partly successful before the AAT – but only to the extent of being allowed car expenses totalling $3,150 under the cents per kilometre method based on 63 cents…
The AAT has affirmed the Commissioner’s decision refusing to release a taxpayer from his tax liability under s 340-5(3) of the TAA. The Tribunal heard that essentially due to the taxpayer’s wife’s illness, he had been increasingly required to care for her as well as their 2 teenage children, and that this combined with a lack…
The AAT has denied all the applicant’s claims for R&D deductions in respect of the activities it carried out at its open-cut coal mine in NSW from January 2000 to 31 December 2005 despite the Industry Research and Development Board (the Board), in the matter before the AAT, accepting that some of the activities qualified as relevant R&D activities.…
The AAT has affirmed the Commissioner’s decision denying a taxpayer’s claim for the CGT main residence exemption in relation to a disposal of a property. The taxpayer submitted that he had purchased the property in July 2002 with this then de facto partner. The construction of the house commenced in April 2004; however, his relationship with his then partner…
In a decision handed down on Tue 29.10.2013, the Federal Court has granted judgment to the Commissioner concerning outstanding tax debts of a taxpayer. The taxpayer controlled several transport companies. He alleged he sold 2 of the companies to an individual, which explained a number of payments to those companies and to the taxpayer. The…
A company that is being sued in relation to the alleged breach of its contract to purchase shares in the business of another company has been unsuccessful in its interlocutory application to seek discovery of documents from the vendor company relating to the tax consequences of its subsequent sale of the shares to another purchaser…
In the ongoing Hua Wang Bank Berhad litigation, the Federal Court has granted an application for a suppression order to prohibit disclosure of the fact that the applicant gave evidence under compulsory examination to the Australian Crime Commission (“the ACC”), the contents of that evidence or any information that might enable the witness to be…
The Federal Court has granted 2 witnesses a certificate under s 128(5) of the Evidence Act 1995 (the Act), in relation to the evidence they gave in the Hua Wang Bank Berhad litigation, about their personal tax affairs to prevent that evidence being subsequently used against them in any later trial on the basis that it…
The Federal Court has granted the Commissioner’s application to use the affidavits of several persons that had been served on the Commissioner in other tax proceedings that were ultimately settled in the Hua Wang Bank Berhad litigation. In finding that the circumstances were sufficiently “special” to grant the Commissioner’s application the Court took into account…