At the Tax Institute’s March 2019 National Convention, in Hobart, Professor Richard Vann, CTA, Challis Professor of Law, University of Sydney; Consultant, Greenwoods & Herbert Smith Freehills delivered the Justice Graham Hill Memorial Lecture – entitled: In Defence of the Income Tax. EXTRACT 1 Overview It is a privilege to present the 2019 Justice Graham…
Key Points: Mr John Morgan, of the Victorian Bar, delivered a paper, at the Tax Institute’s 2019 National Convention, in Hobart in March. It was titled: “When does ‘tax advice’ become ‘legal advice’ and thus ‘unqualified legal practice’? ” He concluded that, subject to the Tax Agents Services Act 2009 (Cwth) (TASA 2009) being constitutionally valid,…
Proposed changes to the monster that is Division 7 – An article from Pointon Partners Taxation Articles – Authors: Anthony Pointon, Laszlo Konya, Robert Gordon – 6 December 2018. Key News Summary – Pointon Partners have produced this expansive but pithy summary of the development of the deemed dividend rules, in Division 7A of Part III of…
The Tax Institute’s Senior Tax Counsel: Bob Deutsch’s Report, in its Members Newsletter: No. 47, Friday 7 December 2018 Key News Summary: The ’45-day’ holding rule is important, if it is still a requirement for claiming a ‘franking credit offset’. It is widely understood to be still a requirement, but is no-where to be found,…
Power Point slides: prepared by Eugene Wheelahan SC, for a presentation to the Tax Bar Association, on 18 December 2018 – on this important High Court case: [2018] HCA 59 – reproduced with Eugene’s approval. See also: Tax Technical articles – Case Note; Financial Review article KEY POINTS – found in these slides, include: a…
Australian Financial Review article, by Michael Belly, Legal Editor, 5 Dec 2108 (Paper, p2 of the 6.12.18 edition) See also: Tax Technical articles: Case Note; Seminar Slides The West Australian tax commissioner hit Barrick Gold with “land rich” stamp duty on its $15 billion takeover of Placer Dome in 2006, and if the miner…
Article in Australian Financial Review: 4 October 2018, by Tom McIlroy and Michael Smith. Canberra/Shanghai | Federal government plans to slug expats millions in capital gains tax if they sell their homes while living overseas could be at risk, amid growing concern from Labor and Senate cross-benchers. [See related Tax Technical article about the…
On 14 September 2018, Treasury released a document, under Freedom of Information law, relating to a Board of Tax Residency call it had with UK HM Revenue and Customs (HMRC) in October 2016 relating to English change to ‘Statutory Rules Test’ for residency of individuals. I have reproduced the document, in full, below, for historical reference. FJM…
An article By Daniel Butler (dbutler@dbalawyers.com.au), Director, and William Fettes (wfettes@dbalawyers.com.au) Senior Associate, DBA Lawyers 15 August 2018 [See also related Tax Technical Article on this case.] A recent unanimous decision of the Full Federal Court represents a major win for SMSFs and taxpayers on the topic of the sole purpose test. This decision overturns the…
An article in KPMG’s Daily Tax News: 6 August 2018, by Keith Swan, Partner; Jacqueline McGrath, Senior Manager; George Hempenstall, Consultant, Tax Dispute Resolution & Controversy Key questions remain for a proposal to screen the tax record of potential bidders on Commonwealth government contracts. From 1 July 2019, businesses may be required to produce a Statement…