Recent Federal and State changes to tax and duty on Property assets – both investors and private use – including the controversial abolition of the ‘main residence’ CGT exemption, for non-residents, with the transitional relief due to expire on 30 June 2020

On Friday17 Jan 2020, The Tax Institute sent the first of it’s weekly ‘TaxVine’ email updates, and their Senior Tax Counsel: Bob Deutsch’s Report focussed on property investors and a number of specific changes that will impact on certain property investors and could require action if the worst aspects are to be avoided. See below for further…

CofT v Bosanac (No 5) & DCT v Huang – stays refused on tax debts in two cases – principles for granting stays articulated

Two separate taxpayers have, in quick succession, failed to obtain a stay of execution of judgment, before different Federal Court judgement, the first on 17 December 2019, before McKerracher J, and the second on 19 December 2019, before Jagot J. See below for a brief summary of each case and the principles for granting stays,…

CofT v Eichmann – Land used for business sheds, materials and vehicles (somehow) not an ‘active asset’ – decision in favour of taxpayer overturned

On 20 December 2019 the Federal Court has upheld the ATO’s appeal against a decision that a property used to store materials, tools and other equipment was an ‘active asset‘ for the purpose of the CGT small business concessions. But what do we think about this decision? See below, for a summary of the case. [Tax Month –…

The Trustee for the Whitby Trust v CofT – Section 99A assessments upheld despite beneficiaries being presently entitled

On 23 December 2019, the AAT (O’Loughlin DP) held that Section 99A assessments issued to a trustee on the basis that beneficiaries had effectively disclaimed their entitlement to trust income were upheld, even though the disclaimers were found to be ineffective. See below for a summary of the case. [Tax Month – December 2019]