Sladen Thoughts
Legal industry latest news and insights
Stay up to date with legal industry news and updates. Sladen Legal provide regular updates on changes and news in the Australian Legal Industry.
If you are looking for our papers and journal articles including Taxation in Australia, The Tax Institute and SMSF Association, these are available in our Sladen Smart Membership Platform, become a member or login to gain exclusive access.
Author
- Alicia Hill
- Andrea Lin
- Daniel Smedley
- Daniel Smedley
- Dean Beaumont
- Edward Skilton
- Edward Hennebry
- Jake Cole
- James Gao
- Jan Harnischmacher
- Jasmine O'Brien
- Jordan Bauer
- Kaitilin Lowdon
- Kseniia Gasiuk
- Magdalena Njokos
- Matthew Davis
- Meagan O'Connor
- Michelle Dowdle
- Neil Brydges
- Nicholas Clifton
- Phil Broderick
- Philippa Briglia
- Sarah Wedd-Elliot
- Sladen Legal
- Sladen Legal
- Thomas Howell
- Victor Di Felice
- Will Monotti
Categories
- Asset Protection
- Business Contracts
- Business Law
- Business Structuring
- Business Succession
- Commercial Contracts
- Commercial Disputes
- Commercialisation
- Conference Papers
- Copyright
- Corporate Advisory
- Cryptocurrency
- Digital Law
- Dispute Resolution
- Employee Share Schemes
- Employment Law
- Entertainment and Sports
- Entrepreneurial
- Estate Disputes
- Estate Litigation
- Family Business
- Federal Taxes
- Franchising
- IP Disputes
- Insolvency
- Intellectual Property
- Inventions
- Land Tax
- Landholder Duty
- Learning
- Managing IP
- Mergers & Acquisitions
- Payroll Tax
- Personal Succession
- Probate
- Property & Development
- Property Disputes
- Publications
- Sladen Legal News
- Sladen Snippet
- Small Business
- Stamp Duty
- Startups
- State Tax Disputes
- State Taxes
- Superannuation
- Tax Consolidation
- Tax Disputes
- Taxation
- Technology
Hobby, investment or business? The ATO finally rules on individuals in TR 2026/D2
Hobby, investment, or business? The ATO finally rules on individuals.
For almost thirty years, individuals and their advisers have taken the general business indicators from TR 97/11, a ruling written about primary production.
Tax on trusts: to what extent did Treasury adopt our recommendations? The minimum tax Bills measured against our submission
Bills for the minimum tax on discretionary trusts are now before Parliament. Employee share trusts are now excluded, and excess franking credits are refundable. The mechanics have improved, but the regime's scope and design largely stand.
First Vacant Residential Land Tax Holiday Home decision – taxpayer unable to claim Carlton apartment as a holiday home
The first case to consider the holiday home for vacant residential land tax (VRLT) has provided guidance as to what the Tribunal and State Revenue Office will consider in applying the exemption.
Why the ATO had to pay a judgment exceeding $15m (plus $20m in interest), a strict application of the equitable rule in Barnes v Addy concerning knowing receipt of trust property.
The decision of Commonwealth of Australia v Kupang Resources Pty Ltd [2026] NSWCA 161 demonstrates how the ATO is not immune from the equitable principles set down in Barnes v Addy (1874) LR 9 Ch App 244 concerning the knowing receipt of trust property.
Tax on trusts: what is a “minimum tax trust”? The definition that decides everything
Treasury's draft 30 per cent minimum tax on discretionary trusts turns on one classification: is the trust a minimum tax trust? The definition works by exclusion, so every trust is caught unless it fits one of the carve-outs or an EET is made. Here is what that means before 1 July 2028.
Testamentary trusts and the minimum tax: did the Government change its position, or was it just a misstatement?
The Government said testamentary trusts would be "excluded" from the minimum tax. The exposure draft says otherwise. Our article explains the income-level relief, its three conditions, and what practitioners should review now.
Tax on trusts: the EET election: relief from the minimum tax, but at what cost?
The EET election lets discretionary trusts avoid the 30% minimum tax without restructuring, but the price is steep. One wrong distribution ends the election for good. This article examines the election: its conditions, its limits, and its risks for trustees and their advisers.
You’ve Got Foreign Super – Now What? Part 2 – Transferring to an Aussie Fund
Returning to Australia after working overseas? Here’s what to consider if you have retirement savings held abroad.
In Part 2 of our two-part series, we examine the option of withdrawing your overseas pension or superannuation as a lump sum, including when it may be available and the key tax implications to consider.
Minimum tax on discretionary trusts: the drafts arrive, the questions remain
Elect, restructure or pay 30%. Treasury's exposure drafts give trustees of discretionary trusts two ways to avoid the minimum tax, but both carry strict conditions. This article explains the new rules and tracks how they respond to the points we raised in our July submission to Treasury.
Family Trust and Interposed Entity Elections - Where Succession Planning Goes Wrong
Family trust elections (FTEs), and the related interposed entity elections (IEEs), have been a feature of the tax law for almost 30 years with the rules effectively unchanged since 2007.
You’ve Got Foreign Super - Now What? Part 1 - Transferring to an Aussie Fund
Returning to Australia after working overseas? Here’s what to consider if you have retirement savings held abroad.
In Part 1 of our two-part series, we explore transferring overseas super or pension benefits into an Australian super fund, including eligibility, tax implications, contribution caps and other key considerations.
Merchant in a post-Budget world
Merchant in a post-Budget world or when High Court anti-avoidance doctrine meets structural trust reform.
Victorian Windfall Gains Tax – AS Residential - First WGT case decided in favour of taxpayer
AS Residential Property No. 1 Pty Ltd as trustee for AS Residential Property No, 1 Trust v Commissioner of State Revenue [2026] VCAT 648
Taxpayer successful in overturning a $36.2 million Windfall Gains Tax Assessment by applying the transition rules to show that the Minister had approved the rezoning prior to the 15 May 2021 announcement of the new tax.
Victorian Landholder Duty – acquisitions in a previously public unit trust found to be subsequently dutiable – ISPT v CSR
ISPT Pty Ltd as trustee for ISPT Retail Australia Property Trust v Commissioner of State Revenue [2026] VSC 480
A new Victorian Supreme Court case has considered the landholder duty consequences where an acquisition of a 75.8% interest in a public unit trust schemes were initially not subject to duty, but became dutiable when combined with a subsequent 19.46% acquisition. The first acquisition had caused the funds to cease to be public unit trust schemes.
From Bendel to Budget reform: Treasury targets trust tax planning
Family trusts, bucket companies, and UPEs are back in the spotlight. Treasury’s consultation paper on a 30% minimum tax for discretionary trusts gives tax advisers a short window to be heard.
Our preliminary thoughts on the Treasury Consultation paper on “minimum tax on discretion trusts’ are below.
Non-widely held trusts and the qualified persons rule
On 18 November 2025, ATO guidance QC 105857 was updated after the ATO raised concerns with arrangements where newly incorporated beneficiary companies claim franking credits.
The Government has announced modifications to its Budget proposals
Following first round consultation, the Government has announced an increase in the turnover threshold for the small business 50% active asset CGT reduction from $2m to $10m and, following the release of a consultation paper, further concessions for start-ups and early-stage investors. It has also confirmed that all testamentary trusts will be exempt from the minimum tax, with detail to follow in consultation.
Death, deceased estates, and family trust elections: Schedule 2F and succession
The death of a family trust's test individual creates significant difficulties under the family trust election (FTE) rules Schedule 2F. This article examines the FTE rules in the context of succession.
Holiday homes after TR 2026/1: when renting out isn't enough?
TR 2026/1 finalised. Holiday homes that double as rentals face a new section 26-50 hurdle. The ATO denies ownership deductions unless the property is mainly rented out, and reserving peak weeks for family use is a red flag. Transitional relief ends 1 July 2026.
Life interests and land tax - Abraham v Commissioner of State Revenue [2026] VCAT 351
A new Victorian case has looked at whether a person has a life interest in a holiday home and the land tax position for holders of life interests.