TR 2022/3: personal services income: key changes from draft ruling TR 2021/D2
On 23 November 2022, the Australian Tax Office (ATO) released Taxation Ruling TR 2022/3, finalising its views on personal services income (PSI) and personal services businesses (PSB).
Draft Taxation Ruling 2022/D1: Do people still listen to disco music?
After our semi-serious opening statement on the Australian Taxation Office’s (ATO) recently released guidance on section 100A and unpaid present entitlements, this is one of a series of deep-dive articles on that guidance. These articles look at each of the ATO guidance products separately and then we discuss what the overall impact may be.
McCarthy: sale of two-lot development taxed as ordinary income
“Stamping” Of Trust Deeds In Victoria
Are you conducting a business in partnership? Make sure you can substantiate your commercial arrangement.
The recent Administrative Appeals Tribunal (AAT) decision of Holman v FCT highlights once again the importance of documentation and maintaining objective factual evidence to discharge the statutory burden of proof when disputing an assessment.
Transfers to Bare Trusts: Court of Appeal Provides Clarity on Duty Exemption
The Court of Appeal handed down its decision in MD Commercial Pty Ltd v Commissioner of State Revenue [2019] VSCA 295 in late 2019. The decision has provided further clarity on the application of section 35 of the Duties Act 2000 (Vic) which provides an exemption from duty for transfers to bare trusts.
Business restructuring and share buy-backs
Let’s talk business - business succession planning
No Discount Capital Gain On The Sale Of Shares - Paule V FCT, Hart v FCT [2019] FCA394
![No Discount Capital Gain On The Sale Of Shares - Paule V FCT, Hart v FCT [2019] FCA394](https://images.squarespace-cdn.com/content/v1/516cccdae4b0bacecd415c77/1554773898052-XV9YPM8WJFMMW4YPAJV5/Federal_Taxes.jpg)
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.
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.
Victorian Supreme Court strikes a blow to payroll tax clampdown against the healthcare industry: The Optical Superstore Case
Corporate Reconstruction and Consolidation Relief from duty – the Victorian provisions and requirements to make an application
Changes in the wind: increased tightening of taxpayers’ eligibility to CGT small business concessions
The application of the small business capital gains tax (CGT) concessions in Division 152 of the Income Tax Assessment Act 1997 (CGT Concessions) is an area of interest for the Australian Taxation Office (ATO).
Sladen Snippet: Wine Equalisation Tax (WET) Changes
Sladen Snippet - Illegal Phoenix Activity – Modernising Business Registers and the new Phoenix Hotline
On 9 May 2018 we reported to you new initiatives regarding proposed laws targeting illegal phoenix activity (https://sladen.com.au/news/2018/5/9/sladen-snippet-proposed-laws-targeting-illegal-phoenix-activity) announced by the Federal Government in the 2018/2019 Budget. Consistent with the proposed measures announced under the budget, the Federal Government has now:
Sladen Snippet - Individuals’ financial affairs at risk of being reported to foreign jurisdictions by the ATO
CGT marriage breakdown rollover does not apply to entities controlled by former spouses
In Ellison v Sandini Pty Ltd [2018] FCAFC 44, the Full Federal Court overturned decision which allowed Mr Sandini (the Taxpayer) to benefit from Capital Gains Tax (CGT) marriage breakdown rollover for the transfer of shares to an entity controlled by his former spouse, pursuant to a Family Court Order (FCO).
Sladen Snippet - What is “market value” for the purpose of the MNAV test
In Commissioner of Taxation v Miley, the Federal Court overturned decision of the Administrative Appeals Tribunal (AAT) concerning the share valuation method for the purposes of the maximum net asset value (MNAV) test in s 152-15 of the Income Tax Assessment Act 1997.