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’August 17, 2024
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’August 17, 2024
Tax Advice and Tax Controversy – Lawyers compared with Tax Agents after the recent (onerous) TASA changesAugust 17, 2024
PCG 2018/4 (update) – LPR’s personal liability if estate assets distributed with notice of ATO claimApril 12, 2024
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 rulesApril 3, 2024
Assessing the impact of the TASA changes on the tax agents profession (in the wake of the PwC scandals and intervention by the TPB, the Senate Committee and others)April 1, 2024
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’March 22, 2024
Safeguarding against cybercrime: what your professional organisation expects and the resources they offerMarch 22, 2024
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)March 21, 2024
‘Nuisance tariffs’ – abolishing them gives some insight into making our other taxes more efficient March 15, 2024
The PwC story keeps giving – the battle between the ATO and the TPB over their investigation of leaked confidential Treasury informationFebruary 15, 2024
Federal Budget – new tax rates (Stage 3 cuts remain), revised Medicare exemption thresholds and new Medicare lump sum arrears exemptionMay 14, 2023
The 2023 Federal Budget – Small Business support; Pillar 2 (min 15% tax on worldwide earnings); additional 15% tax on earnings on super balances over $3m; expanded Part IVA (GAAP)May 12, 2023
DIS on CoT v Guardian – Full Federal Court applied Part IVA but confirmed s100A did not apply (but it might in other circumstances)April 29, 2023
The consultation over the proposed ‘objective’ of super overlooks the existing legislation prescribing the ‘sole purpose’ of a complying superannuation fundApril 23, 2023
Section 100A ‘reimbursement agreements’ – recapping the section, the ATO guidance and some takeaways – TR 2022/4 & PCG 2022/2April 22, 2023
The High Court’s CFMEU and Jamsek decisions and the ATO’s efforts to revise its rulings and guidance material on ’employee’ v’s ‘contractor’ lawApril 21, 2023
Reform of the superannuation fund ‘Non-arm’s Length Expenditure (NALE) rules (finally)- Consultation Paper releasedJanuary 25, 2023
PwC International Tax Partner deregistered as a ‘tax agent’ – but before we rush to judge …January 23, 2023
PwC international tax partner and Tax Institute 2016 ‘Corporate Tax adviser of the year’ – deregistered by TPB and PwC sanctioned alsoJanuary 23, 2023
Treasury and ATO may ‘re-think’ private sector consultation after PwC breach & TPB deregistrationJanuary 23, 2023
APRA releases updated ‘MySuper’ (default fund) HEATMAP – which have been useful in eradicating poor performance and holding trustees to accountJanuary 11, 2023
APRA’s December 2022 superannuation fund performance ‘heat map’ – see which ‘default funds’ are good and badJanuary 11, 2023
FCT v Landcom – GST margin scheme applies separately to each of the 4 lots sold under a single contract – protecting the State corporation from GST on some of those lotsJanuary 10, 2023
PCG 2018/9 updated – extension of time for foreign-incorporated ‘non-resident’ companies to change their CM&C out of Australia – 30 June 2023 is last extensionJanuary 10, 2023
‘Downsizer’ superannuation contributions concession – age reduced to 55 from 1 January 2023January 8, 2023
Moreton Resources Ltd v Industry Innovation and Science Australia – ‘pilot plant’ was relevantly ‘experimental’ and remediating the failed plant was ‘supporting R&D activities’November 27, 2022
LIV submission to the BoT on the appropriate Tax Treatment of Digital Assets and Transactions in Australia November 26, 2022
Digital Assets (including Crypto Currency) – Review of the Tax Treatment by the Board of TaxationNovember 26, 2022
Director Penalty Notices (DPN) – nasty provisions making directors personally liable for a worrying range of their company’s tax-related liabilities (check first, before agreeing to be a director)November 20, 2022
Lawyers excluded from ATO advice service for ‘tax agents’ – lawyers professional indemnity insurer takes a standNovember 19, 2022
Public Beneficial Ownership Register for 3 million entities – Treasury Consultation on Labor plan (don’t be fooled, this is not just multinationals, despite how it’s billed)November 19, 2022
FYMS v CofT – ATO not required to produce documents referred to in the audit report – external legal advice & documents from the Crime Commission and Confiscation TaskforceNovember 19, 2022
Chami v CofT – GST refund denied – no evidence taxpayer was carrying on an enterpriseNovember 17, 2022
NSW: First Home Buyer Choice Bill receives assent – ‘choice’ to pay either full (upfront) transfer duty or a smaller annual payment – up to $1.5m (or vacant land up to $800k)November 12, 2022
Worsley v Tax Practitioners Board – Tax agent failed to comply with tax laws in relation to his own affairs for 3 years – registration terminated (though it doesn’t say for how long)November 12, 2022
APRA issues Discussion Paper on measures to require RSEs to be prepared for member transfers into or out of their fundsNovember 11, 2022
Debate on the ‘purpose’ of superannuation is really a stalking horse for reducing superannuation concessions if not capping fund size as wellNovember 11, 2022
Latest 2019-20 ‘tax gaps’ published by ATO – how they are constructed, what they say and what they can teach usNovember 11, 2022
NSW Payroll Tax – E Group Security case – ‘UNSW Global’ principles for establishing the scope of the ’employment agency contract’ definition upheld in NSW Court of AppealNovember 10, 2022
DIS on Decleah: ‘GST margin scheme’ valuations (of pre-GST land) nee only be determined by an ‘approved’ method (not be the ‘correct’ value)November 10, 2022
Australian Labor Budget (25.10.22) – ABUMs & DGR – AXED: TOFA changes; limited partnership CIVs; 3 yearly SMSF audit; $10k cash payments limit; no DGR for Chaplains – DEFERRED: SMSF relaxed residency – DGR for Indigenous constitutional recognitionNovember 6, 2022
Australian Labor Budget (25.10.22) – Tax Administration – added scrutiny: multinationals, large public businesses, private businesses, black economy, personal income tax, tax agents, business registers, directors identification numbersNovember 6, 2022
Australian Labor Budget (25.10.22) – International Tax – Thin cap (EBITDA); low tax intangibles; multinational transparency; crypto tax treatment; Iceland Treaty; Bhutan diplomatic exemptionsNovember 6, 2022
Australian Labor Budget (25.10.22) – Superannuation – CGT ‘down-sizer’ relief extended; Age pension means test reliefNovember 5, 2022
Australian Labor Budget (25.10.22) – Business Tax Issues – off-market share buybacks, intangibles, low emission car exemptions, Covid benefits NANENovember 5, 2022
High court backs woman against ATO claim on home – not so much because of the 15th-Century presumptionOctober 13, 2022
Bosanac v Commissioner of Taxation – Wife of taxpayer succeeds – High Court clarifies the ‘presumption of advancement’October 13, 2022
PCG 2022/1 – non-commercial loss rules – practical relief for those affected by floods, bushfires and COVID-19October 9, 2022
The new “.au” domain name address has arrived – but anyone with a domain name, needs to act by 20 September 2022August 28, 2022
Is ‘asset protection advice’, ‘estate planning advice’ and standard form document provision – unqualified legal practise?August 28, 2022
Western Australia joins the Legal Profession Uniform Law scheme from the start of July 2022August 16, 2022
Open borders bring flow of funds into tax focus – not just ‘residency’ and cost base – think s99B, Div 7A and moreAugust 16, 2022
Hill v Zuda – High Court confirms that SISR formalities, for BDBNs do not apply to SMSFs – whilst also clarifying ‘comity’ obligations between different jurisdictionsJuly 9, 2022
Hill v Zuda – High Court confirms SISR 6.17A does not prescribe BDBN standards on SMSFs (and comments on following sister court ‘dicta’)July 9, 2022
Commonwealth of Australia v Kupang Resources Pty Ltd – NSWCA rejects Administrator’s application to require ATO to disclose ‘protected information’July 6, 2022
Douglas v CofT – Special BHP dividend assessable – not a return of capital on pre-CGT sharesJuly 5, 2022
JMC Pty Limited v CofT – Lecturer an “employee” for Super Guarantee purposes – both ‘ordinary’ and ‘extended’ meaningsJuly 5, 2022
ASIC issues fresh regulatory relief for trustees of super funds that use ‘superannuation calculators and retirement estimates’ facilitiesJuly 5, 2022
Two individuals in court facing charges of bribing an ATO officer and receiving a corrupt benefitJuly 5, 2022
ATO’s web guidance about its ‘information gathering’ – updated on release of its finalised ‘Protocol’ for claiming Legal Professional PrivilegeJuly 4, 2022
Compendium of ATO’s consultation in finalising its ‘Protocol’ for claiming Legal Professional PrivilegeJuly 3, 2022
LIV’s ‘counterbalancing offence’ submission mentioned in ATO’s Consultation Compendium (Item 34) – released with it’s finalised LPP ProtocolJuly 3, 2022
