Section 100A: When is a dealing between members of a family not ‘in the course of ordinary family dealing’? (March 2019)

At The Tax Institute’s March 2019 National Convention, in Hobart, Michael Butler CTA, of the law firm: Finlaysons, delivered his paper entitled: Section 100A: When is a dealing between members of a family not in the course of ordinary family dealing?   Extract 1 Introduction This paper will examine a question that is simple to ask,…

Elder Practice – King Lear and the Baby Boomers Last Stand – ‘will’ making capacity and related matters (March 2019)

At The Tax Institute’s March 2019 National Convention, in Hobart, Tim Tierney, of Tierney Law, presented his paper, entitled: Elder Practice – King Lear and the Baby Boomers Last Stand   EXTRACT 1 Overview During the first half of the last century, history was made with conflict so extensive and broad ranging, that a new type of…

March 2019 survey of recent tax cases

At The Tax Institute’s March 2019 National Convention, in Hobart, Ms Clare Thompson, Barrister at Law, at the Western Australian Bar, entitled: Recent Cases.   EXTRACT 1 Overview This paper considers the published decisions of the various courts and the Administrative Appeals Tribunal (AAT) on taxation matters during the calendar year 2018. In preparing the…

Reconstructing financing transactions: a focus on the debt and equity rules, Division 815 and thin capitalisation (March 2019)

At The Tax Institute’s March 2019 National Convention, in Hobart, Mr Stuart Landsberg and Tariq Rasool, presented the paper they co-authored with Michael Bona, Gabrielle Fitzgibbon, Josh Johnson and Sarthak Sinha, all of accounting firm: PwC. It was titled: Reconstructing financing transactions: a focus on the debt and equity rules, Division 815 and thin capitalisation.   EXTRACT 1 Introduction In…

Restructuring Tricks and Traps – a study of the tax implications of various professional practice structures (March 2109)

At The Tax Institute’s March 2019 National Convention, in Hobart, Ms Megan Bishop of accounting firms: EY, presented her paper, entitled: Restructuring Tricks and Traps.   EXTRACT 1 Overview Settling on an appropriate structure for a professional practice requires considerable care to ensure the practices commercial and practical requirements are met and that the legal…

‘Fraud and Evasion’ – a study of the requirements for, and appeal implications of, the Commissioner of Taxation purporting to exercise his power to amend an assessment at any time

At The Tax Institute’s March 2109 National Convention, in Hobart, Mr. David W Marks QC, CTA, Barrister-at-Law, of the Queensland Bar, presented his paper, entitled: Fraud and Evasion.   EXTRACT 1 Fraud and Evasion The policy of the law is that taxpayers with simple tax affairs should be able to treat their tax affairs as…

‘A Taxing Journey Home’ – a study of the tax issues non-residents face coming or returning to Australia

At The Tax Institute’s March 2019 National Convention, in Hobart, Mr. Gil Levy, CTA-Life, of Gilsons Chartered Accountants, presented his paper, entitled: A Taxing Journey Home.   EXTRACT 1 Introduction Increasingly I am being approached by non-resident Australian expats and other non–residents for advice in connection with the taxation implications of their proposed relocation or immigration…