Mylan Australia Holding Pty Ltd v FCT (No 2) – Part IVA did not apply to intra-group funding arrangement – ‘tax benefit’ under counterfactual but not the ‘dominant purpose’

The head of a tax consolidated group has successfully argued that schemes to fund the acquisition, by a member of the group, of shares in an unrelated company, were not entered into or carried out for the dominant purpose of the taxpayer obtaining a tax benefit. The facts were these. The taxpayer is the head…

Safeguarding against cybercrime: what your professional organisation expects and the resources they offer

The Victorian Legal Services Board, has published an article on Cybercrime, for law practices (in the Commissioner’s March 2024 email update) – covering its requirements for firms and outlining the resources they provide. Tax agent, accounting bodies and other professional associations are likely to have equivalent requirements and resources. You might like to find them,…

Understanding how taxing capital gains, on shares or units, can be affected by the nature of the underlying assets and vice versa (CGT event K6, s115-45 and Div 149)

It is worth surveying how three CGT anti-avoidance provisions, can affect how the gain on shares or units, can be affected by the nature of underlying assets, held by the company or trust (in the K6 event provision: s104-230 and the discount capital gains provision: s115-45). Similarly the pre-CGT nature of a company or trust’s…