*Korda & Ors v Australian Executor Trustees (SA) Limited – High Court: Sale proceeds from timber investment scheme not held on trust for investors [18]

The High Court [on Wed 4.3.2015] ruled that the documentation for a timber plantation investment scheme did not support the existence of an express trust in favour of the scheme investors over the proceeds from the sale of the timber and scheme land. In so finding, the High Court unanimously allowed the appeal from the…

Lifting standards in financial services industry: Govt paper released [17]

The Parliamentary Joint Committee on Corporations and Financial Services’ inquiry into proposals to lift the professional, ethical and education standards in the financial services industry (PJC) presented its recommendations to Government on 19 December 2014. The PJC report outlines a comprehensive model to increase the professional standards of advisers, involving a co-regulatory approach where Government, professional associations,…

Overseas Banking Unit (OBU) reforms: draft legislation released [15]

The Government [on Thur 12.3.2015] released draft legislation to make reforms to the Offshore Banking Unit (OBU) regime. On 6 November 2013, the Government announced that it would proceed with certain reforms to the OBU regime. These reforms would address a number of integrity concerns with the existing regime while ensuring the OBU regime targets mobile financial sector activity.…

Investment Manager Regime reforms – Element 3 – draft legislation released [14]

The Government [on Thur 12.3.2015] released draft legislation to implement Element 3 of the Investment Manager Regime (IMR) reforms. The IMR reforms remove tax impediments to investing in Australia in order to attract foreign investment to Australia and promote the use of Australian fund managers. These draft amendments would extend the IMR concession to cover investments in…

Australia and Switzerland agree to tackle tax evasion: Treasurer [12]

The Treasurer [on Tue 3.3.2015] announced that Australia and Switzerland have agreed to increase cooperation to tackle tax evasion. Mr Hockey said the countries have “agreed to take another step in the fight against evasion and automatically exchange information with Switzerland based on the OECD’s common reporting standard (CRS).” Under the agreement, the ATO will automatically receive…

*Tax and [Social Security] Transfer Policy Institute’s new report: stocktake of tax system and directions for reform – five years after the Henry Review [11]

Tax and Transfer Policy Institute report on tax reform, 02 March 2015 The Tax and Transfer Policy Institute (TTPI) at The Australian National University has released a  on Australia’s tax system. In particular, the report: reviews the economic and social challenges which the Henry Review identified and identifies new ones which have come to the fore…

*Labor’s Multi-national Enterprise anti-avoidance measures: thin cap world-wide debt deduction limit; standardize hybrids (no double-dips) [10]

The Federal Opposition has announced that it will “shut down loopholes that allow big multinationals to send … profits overseas”. Labor has announced that, in government, it would implement the following measures: *Worldwide Gearing Ratio – Tax deductions would be based on a company’s entire global operations, not just what they do in Australia. Hybrid Mismatches – Labor proposes to standardise…