Sladen Snippet - Active Asset Test – land used for storage: Eichmann v Commissioner of Taxation [2019] AATA 162

Sladen Snippet - Active Asset Test – land used for storage: Eichmann v Commissioner of Taxation [2019] AATA 162

The Administrative Appeals Tribunal (AAT) has determined that land, used to store tools and materials for the purposes of operating a business, constituted an “active asset” for the purposes of the small business capital gains tax (CGT) concessions.

Challenging a discretionary decision of A Self Managed Superannuation Fund trustee in respect of the payment of a deceased member’s death benefits

Challenging a discretionary decision of A Self Managed Superannuation Fund trustee in respect of the payment of a deceased member’s death benefits

The case of Re Marsella; Marsella v Wareham [2018] VSC 312 (13 June 2018) concerned a claim by the widower of the willmaker for further provision from the estate of the deceased pursuant to Part IV of the Administration and Probate Act 1958. 

Sladen Snippet – Marsella – is this the end for SMSF trustee death benefit discretionary determinations?

Sladen Snippet – Marsella – is this the end for SMSF trustee death benefit discretionary determinations?

What is “better” for paying out death benefits in a self managed superannuation fund (SMSF) - a binding death benefit nomination (BDBN) or trustee discretion? As a result of a number of cases, where BDBNs were found to be defective, trustee discretion was becoming a favoured method for some advisors.

Sladen Snippet - ATO changes it view on what is love and affection

Sladen Snippet - ATO changes it view on what is love and affection

On 6 February 2019, the Australian Taxation Office (ATO) withdrew its long-standing Interpretative Decision 2003/589 that a company can forgive a debt owed by a natural person for reasons of “natural love and affection” and not trigger consequences under the commercial debt forgiveness rules.

‘What is mine is yours: Tomaras and the substitution of tax debtors’

‘What is mine is yours: Tomaras and the substitution of tax debtors’

The High Court in Commissioner of Taxation v Tomaras & Ors (2018) HCA 62 (Tomaras) has confirmed the Federal Circuit Court had jurisdiction to make orders altering the property interests of parties to a marriage substituting one party for the other party as sole debtor to the Commissioner of Taxation (Commissioner) in respect of income tax liabilities owed by the first party.

Sladen Snippet - Tribunal determines that transfer of land between SMSFs does not trigger duty

Sladen Snippet - Tribunal determines that transfer of land between SMSFs does not trigger duty

In a recent case of Nifuno Pty Ltd atf Stephen Forbes Pension Fund v Chief Commissioner of State Revenue [2019] NSWCATOD 3, the NSW Civil and Administrative Tribunal (NCAT) considered the application of an available duty concession for the transfer of property in connection with persons changing superannuation funds, including self-managed superannuation funds (SMSFs).

Will employment laws change after the election?

Will employment laws change after the election?

A Federal Election is anticipated in the first half of this year. If current opinion polls are to be believed there is a real possibility that the Government will change, which is likely to result in industrial relations reform. 

Payroll tax cuts in regional Victoria

Payroll tax cuts in regional Victoria

Thousands of businesses across regional Victoria have already taken advantage of the Victorian Government’s regional payroll tax cuts, which have saved businesses more than $31 million in the first financial year it was introduced.

Sladen Snippet - Fair Work Commission holds that implying that a supervisor is overweight is a valid reason for dismissal.

Sladen Snippet - Fair Work Commission holds that implying that a supervisor is overweight is a valid reason for dismissal.

Temperature regulation in the office can be a source of frustration for employees, with it being near impossible for the thermostat to maintain a temperature that suits everyone.

Sladen Snippet - Employer lawfully terminates employee who was victim of domestic violence after going ‘above and beyond’ to assist

Sladen Snippet - Employer lawfully terminates employee who was victim of domestic violence after going ‘above and beyond’ to assist

In a recent Fair Work Commission decision, Commissioner David Gregory held that Champions IGA lawfully terminated the employment of an employee who was subject to domestic violence.  

Sladen Snippet - Amendment to National Employment Standards includes five days’ unpaid domestic violence leave

Sladen Snippet - Amendment to National Employment Standards includes five days’ unpaid domestic violence leave

Unpaid family and domestic violence leave have been enshrined in Australian law, with almost all Australian employees now having access to five days’ unpaid family and domestic violence leave each year.

Satyam Computer - Double Tax Agreements: a sword not a shield

Satyam Computer - Double Tax Agreements: a sword not a shield

On 11 October 2018, the Full Federal Court in Satyam Computer Services Limited v CoT (2018) held the ‘source’ rule in Article 23 of the Australia–India Double Taxation Agreement (Indian DTA) prevailed over the domestic definition such that payments from Australia to a company in India for work performed in India was taxable in Australia.

Sladen Snippet - CGT rollover denied to sale of shares

Sladen Snippet - CGT rollover denied to sale of shares

The Administrative Appeals Tribunal (AAT) has recently held in Ransley v Federal Commissioner of Taxation that the profits derived by an individual taxpayer on the sale and exchange of shares were on revenue account. As a result, the taxpayer was not eligible for the capital gains tax rollover under Subdivision 124-M of the Income Tax Assessment Act 1997.

Payroll Tax Assessments For Subcontractors Providing RACV Emergency Roadside Services Set Aside By The Victorian Supreme Court

Payroll Tax Assessments For Subcontractors Providing RACV Emergency Roadside Services Set Aside By The Victorian Supreme Court

In Nationwide Towing & Transport Pty Ltd v Commissioner of State Revenue (No 2) [2018] VSC 609, the Victorian Supreme Court has handed down another decision* against the Victorian State Revenue Office by setting aside payroll tax assessments issued in relation to payments to subcontractors.