How does Covid change ‘corporate residency’, ‘source’ and ‘permanent establishment’ in the world of international taxation?

The traditional ‘gateways’ to taxation, around the world, have been ‘residence’, ‘source’, and ‘permanent establishments’. These have been under pressure, for some time now, as technology makes all these more ambiguous. Covid-19 has recently exacerbated this, in some dramatic ways. Lockdowns, closed borders, people trapped in the country they were in, people retreating home, people…

GST – WYPF v CofT – ACT developer could not deduct $77m of ‘Building Works’ under the margin scheme’ but did get a refund for a margin overstated by $29m of ‘Preparatory Works’

On 25 August 2021, the AAT decided a GST case: WYPF v CofT, in which it held that an ACT developer, of new residential premises, could not reduce the ‘margin’, on which GST is payable, under Div 75 of the GST Act, by $77m cost of its ‘Building Works’. The ATO accepted that both the…

‘Childminding’ for Victorian Covid ‘Authorised Workers’ – 4th change in restrictions in 12 days – ok if child enrolled in primary school

In Victoria, we’re no longer alone in being pretty Covid weary, but spare a thought for our Authorised Workers, who’ve just had the 4th change, in 12 days, in restrictions affecting whether they can get childminding. The latest change relaxes restrictions, so childminding is now available, but only if the child is enrolled in primary…

ACT: COVID-19 support measures extended with lockdown to 17 Sept 2021 – increased by $10,000 for employing businesses and $3,500 for non-employing businesses where those businesses’ turnover has declined by 30 per cent

The Federal Treasurer and the ACT Chief Minister have issued a joint media release advising that the COVID-19 economic support measures have been expanded due to the extension of the lockdown in the ACT. The extension is currently due to run to 17 September 2021. See below for further details. [Tax Month – August 2021]    …

AASB 112 Income Taxes, current and future tax consequences – compiled Standard applies on or after 1 July 2021

On 30 August 2021, Treasury registered the latest compilation of Accounting Standard AASB 112 – Income Taxes. This compilation incorporates relevant amendments made up to and including 6 March 2020. See below for further detail. [Tax Month – August 2021]     AASB 112 Income Taxes prescribes the accounting treatment for income taxes. The principal issue in accounting for income…

CofT v Burswood Casino – ATO wins appeal – Junket payments and receipts NOT included in Casino’s ‘global GST amount’

On 20 August 2021, the Full Federal Court allowed the ATO’s appeal, holding that commissions paid by, and rebates paid or received, under agreements with junket tour operators, should be not be taken into account, in working out the casino’s “global GST amounts” – because, in essence, they were not paid to the gamblers, but…

Stay at Home Directions (Victoria) (No 7) – from 27.8.21 deprive ‘Authorised Workers’ (including lawyers) of access for informal ‘child-minding’ once their child is of school age

On Monday this week (23.8.21) I reported on the relaxations, in restrictions, for Authorised Workers (including many lawyers) trying to look after their children, whilst working. However, just a few days later, there have been further changes, so that parents can only access ‘child-minding’ for children under school age. This is with effect from the…

Effect of post 21.8.21 Victorian Covid restrictions on barristers’ (and other lawyers) attending place of work and access to childcare etc.

New public health directions, introducing further restrictions, came into force at 12:59 pm on Saturday 21 August 2021. They were modified, slightly, 35 hours later. The Victorian Bar has just advised members of the impact of these restrictions, on their work. I thought this was of sufficient relevance to lawyers as a whole (and perhaps…