Category Archives: Uncategorized

Initial issue of shares to 18 unrelated investors in a Victorian ‘landholder’ was subject to duty – Court of Appeal agrees all 18 were part of an ‘associated transaction’

The Victorian Supreme Court of Appeal has upheld a Tribunal decision, that the ‘landholder’ provisions of the Duties Act 2000 (Vic) applied, to an initial capital raising, to develop land at Diamond Creek in Victoria. The taxpayer company, was a special purpose vehicle, formed to raise the necessary capital for the project. It had been…

Horse racing Racing clubs liable for SGC on jockeys’ riding fees – jockeys deemed an ’employee’ under s12(8) as ‘as performers paid to participate in a sport’

The AAT has affirmed, in 5 separate cases (that were heard at the same time by the same AAT member), that jockeys were deemed “employees” of various NSW horse racing clubs, for super guarantee purposes, and that each relevant club, was liable to make super contributions, in relation to jockey riding fees, paid by the…

Tax Advice and Tax Controversy – Lawyers compared with Tax Agents after the recent (onerous) TASA changes

DBA Lawyers have published the attached article exploring the treatment clients can expect from lawyers as opposed to Tax Agents, who are subject to new onerous disclosure and reporting rules. It is important, DBA Lawyers write, that clients and advisers consider from whom to seek guidance. There are significant differences in the level of confidentiality…

PCG 2018/4 (update) – LPR’s personal liability if estate assets distributed with notice of ATO claim

On 10 April 2024, the Commissioner updated his Practical Compliance Guideline PCG 2018/4, to make it apply to ‘less complex estates’; expand the size of such Estate assets, and amend his guidance on what tax liabilities, he will treat an Executor/Legal Personnel Representative (LPR) as having notice. I will get to these updates, shortly, after surveying…

Bechtel Australia Pty Ltd v FCT – Employer paid long distance travel for FIFO employees was subject to FBT – the “otherwise deductible” rule did not apply under the anomalous ‘home to work’ travel rules

The Full Federal Court has upheld a decision that ‘Fly in Fly out’ (FIFO) employees would not have been allowed a deduction for the expenses, of travelling to and from a remote work site, had they incurred those expenses themselves. Accordingly, there was no “otherwise deductible” exemption, that prevented the employer having to pay Fringe…

Tax Month – April 2024

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – April 2024 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 ______________________________________________________________________________ COMPILING…

Tax Month – February 2024

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – February 2024 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 – January 2024

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – January 2024 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 – December 2024

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – December 2023 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 – November 2024

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – November 2023 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 ______________________________________________________________________________  …