High court backs woman against ATO claim on home – not so much because of the 15th-Century presumption

On 12.10.2022, the AFR’s Michael Pelly reported that a Perth woman had blocked the Tax Office from making a claim on her family home, to settle her former husband’s debt as part of a High Court victory which preserved an antiquated and “discriminatory” legal principle. The court ruled on Wednesday that Bernadette Bosanac did not hold half…

Bosanac v Commissioner of Taxation – Wife of taxpayer succeeds – High Court clarifies the ‘presumption of advancement’

On Wednesday 12.10.2022, the High Court unanimously allowed an appeal from the Full Court of the Federal Court of Australia deciding that the the appellant (“Ms Bosanac”) did NOT hold half of her interest in a residential property (“the Property”) on trust for her husband, the second respondent (“Mr Bosanac”) who owed the Commissioner money for…

PCG 2022/1 – non-commercial loss rules – practical relief for those affected by floods, bushfires and COVID-19

In The Tax Institute’s TaxVine email (#37, 7.10.22), their Tax Counsel, Julie Abdalla FTI, examined the non-commercial loss (NCL) rules and how the ATO’s recent Practical Compliance Guideline PCG 2022/1 (PCG) intends to relieve the burden on taxpayers impacted by floods, bushfires or COVID-19. The PCG provides a safe harbour for taxpayers from the 2019–20…

Tax Month – October 2022

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – October 2022 Edition – ‘Tax Developments’ for tax practitioners by a tax practitioner.   Compiled by F John Morgan A member of the Victorian Bar (www.FJMtax.com) Table of Contents ______________________________________________________________________________  …

Tax Month – September 2022

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – September 2022 Edition – ‘Tax Developments’ for tax practitioners by a tax practitioner.   Compiled by F John Morgan A member of the Victorian Bar (www.FJMtax.com) Table of Contents ______________________________________________________________________________  …