The Commissioner has appealed to the Full Federal Court against the decision of Logan J in Racing Queensland Board v CofT [2019] FCA 509. See below for summary of the Court’s decision (the subject of the appeal) FJM 2.6.19 [Tax Month – May 2019]
On 10 May 2019, the Tax Practitioner’s Board (Board) issued a draft Practice Note TPB(PN) D40/2019 – giving guidance to tax agents, that register with the Board, on status of ‘Letters of engagement’, their relevance, roll and the matters the Board thought relevant to include. On 31 May 2019, the Law Council of Australia (LCA)…
The ATO has been consulting on ‘improving’ lawyers ‘scope of engagement’ agreements – to deal with, what they see, as problems with ‘legal professional privilege’ (LPP) claims. Effectively, they misunderstand who the privilege belongs to, and they presume to influence the terms on which lawyers are retained by clients. This idea got legs in the 30…
The National Tax Liaison Group met on 30 November 2018, and subsequent to that, the ATO issued a ‘Key Messages’ document, which covered each of the items, including: Independent Review for entities that are not ‘large’ or ‘small’; Digital economy; Black economy; Inspector-General of Taxation’s Review of Fraud Control Management; and ‘Reporting entities’ and who should prepare General…
There is an aspect of the State Taxation Acts Amendment Bill 2019 that was not mentioned in the Victorian budget, and which is causing consternation in development circles, relating to an entire new Part, dealing with ‘economic entitlements’, which goes further than the pretext justified (namely: reversing the effect of the 2016 Victorian Supreme Court…
The State Taxation Acts Amendment Bill 2019, passed the Legislative Assembly (Lower House) on 29 May 2019 and was introduced and read a first time in the Legislative Council (Upper House). The Bill contains the various measures announced by the Andrews Labor Government, in Victoria, earlier that week. See also a related Tax Technical article…
Each month the ATO updates its ‘Advice under development’ program summary. See below for details. FJM 31.5.19
T a x T e c h n i c a l – M o n t h l y N e w s – June 2019 Developments – This is a collection of developments in Australian tax law and practice that occurred in June 2019 which aims to be relevant to tax practitioners.[i] Compiled By F…
On 29 May 2019, I delivered the paper to a ‘Family Law Tax Intensive’ run by the Leo Cussen Centre for Law. My session was entitled ‘Tax Issues in Family Trusts’ (though, to demonstrate the issues, I used a case study, which also involved houses owned by the parties to the marriage and a ‘bucket…
On 17 may 2019, the High Court granted the Commissioner of State Revenue special leave to appeal against the decision, of the WA Court of Appeal, in Rojoda Pty Ltd v Comr of State Revenue – against a decision that certain partnership deeds were not dutiable instruments. See below for further detail. FJM 20.5.19 [Tax…