Business law

Payroll tax crackdown on medical and allied health practices continues – revenue authorities release rulings

Payroll tax crackdown on medical and allied health practices continues  – revenue authorities release rulings

Employers and business entities must pay payroll tax in relation to wages paid to its employees. In addition, such entities must pay payroll tax in relation to contractors engaged under “relevant contracts”.

NSW foreign surcharges – international tax treaties update – more countries excluded from the regime

NSW foreign surcharges – international tax treaties update – more countries excluded from the regime

In our previous article, we discuss Revenue NSW’s announcement that it has determined that NSW surcharge purchaser duty and surcharge land tax are inconsistent with international tax treaties entered into by the Australian Federal Government and certain countries (Treaty Countries).

On 29 May 2023, Revenue NSW has updated its list of Treaty Countries to now include India, Japan, Norway and Switzerland.

NSW Government determines that surcharge purchaser duty and surcharge land tax is inconsistent with international tax treaties

NSW Government determines that surcharge purchaser duty and surcharge land tax is inconsistent with international tax treaties

On 21 February 2023 Revenue NSW announced that it has been determined that NSW surcharge purchaser duty and surcharge land tax (Surcharge Provisions) are inconsistent with international tax treaties entered into by the Australian Federal Government with New Zealand, Finland, Germany, and South Africa (Treaty Countries).

Treasurer Confirms - Cryptocurrency Not treated as foreign currency

Treasurer Confirms - Cryptocurrency Not treated as foreign currency

In the absence of a comprehensive definition of ‘foreign currency’ in the Australia tax legislation the ATO and Australian courts have interpreted ‘foreign currency’ to be currency issued or recognised by an overseas sovereign state.

VCAT finds the sub-sale double duty provisions are triggered due to land development

VCAT finds the sub-sale double duty provisions are triggered due to land development

The Victorian Civil and Administrative Tribunal’s (VCAT) decision in Hartman v Commissioner of State Revenue (Review and Regulation) [2022] VCAT 28 (Hartman Case) is a rare decision on the application of the sub-sale “double duty” provisions in the Duties Act 2000 (Vic) (Act).

A Guide To Understanding Land Tax: Part 4 Aggregation, Grouping and “Degrouping”

A Guide To Understanding Land Tax: Part 4 Aggregation, Grouping and “Degrouping”

As discussed in Part 1 and Part 2 of this series, land tax is levied on the total taxable value of land held by a taxpayer in a particular jurisdiction. Land tax is then levied on a progressive graduated scale. That is, the higher the value of land that you own the higher the rate of land tax you pay.

A Guide to Understanding Land Tax: Part 5 Valuations

A Guide to Understanding Land Tax: Part 5 Valuations

As discussed in this Land Tax Series, land tax is a state and territory tax levied on the total taxable value of land held by taxpayers in particular jurisdictions. Land tax is assessed on a calendar year basis on the land you own at midnight on 31 December.

A guide to understanding Land Tax Part 6: Principal place of residence exemption

A guide to understanding Land Tax Part 6: Principal place of residence exemption

In this Part 6 in our series of articles on land tax we examine the principal place of residence (PPR) exemption and the requirements to satisfy the exemption under the Land Tax Act 2005 (Vic) (LTA).

Employee Share Schemes – another report champions essential reform!

Employee Share Schemes – another report champions essential reform!

The legislative and regulatory complexity of Employee Share Schemes has once again inspired recommended reforms, this time by the House of Representatives Standing Committee on Tax and Revenue, in a recent report.

Cryptocurrency Update: What are the Tax Implications of Staking Rewards and Airdrops?

Cryptocurrency Update: What are the Tax Implications of Staking Rewards and Airdrops?

As the public and Australian Taxation Office’s (ATO) interest in cryptocurrency continues to increase further guidance has been released by the ATO in relation to the tax treatment of staking rewards and airdrops.

Employee Share Schemes - Budget changes should boost participation

Employee Share Schemes - Budget changes should boost participation

Attracting and retaining high performing employees can be key to ensuring the long-term success and growth of a business – a significant challenge for many Australian businesses navigating through COVID-19. Implementing an employee share scheme (ESS) or incentive plan can be an effective means by which businesses can attract, motivate, and retain valued employees.

Sladen Snippet – Small business CGT Concessions: Is your business primarily deriving rent?

Sladen Snippet – Small business CGT Concessions: Is your business primarily deriving rent?

The Australian Taxation Office (ATO) has issued Taxation Determination TD 2021/2 that contains the ATO view that companies which carry on a business will be unable to benefit from the small business capital gains tax (CGT) concessions if the relevant asset is mainly used to derive rent (TD 2021/2 was issued as Draft TD 2019/D4 that we discussed here).

Redundancy Payments - The AAT Rejects the Commissioner's Position on Discretionary Sums Paid to Terminated Employee

Redundancy Payments - The AAT Rejects the Commissioner's Position on Discretionary Sums Paid to Terminated Employee

The AAT has rejected the Federal Commissioner of Taxation’s (Commissioner) view that a discretionary payment received by an employee upon his termination should be taxed as ordinary income. Despite the payment being made upon the termination of the employee the Commissioner argued that it was received in respect of their employment as it was calculated in relation to fees earnt.

Sladen Snippet – AAT denies out of time application to overturn disqualification under the SIS Act

Sladen Snippet – AAT denies out of time application to overturn disqualification under the SIS Act

Under the Superannuation Industry (Supervision) Act 1993 (SIS Act) a disqualified person cannot be a trustee or director of a corporate trustee of a self managed superannuation fund. Where a person is disqualified because of a conviction, they can apply for a waiver of the disqualification status within 14 days from the date of conviction.

Eichmann: Full Court holds that land is a small business active asset

Eichmann: Full Court holds that land is a small business active asset

In our earlier articles we discussed the Administrative Appeals Tribunal (AAT) and Federal Court decisions in Eichmann v FCT [2019] AATA 162 and FCT v Eichmann [2019] FCA 2155. The Full Federal Court in Eichmann v FCT [2020] FCAFC 155 recently allowed the taxpayer’s appeal of the Federal Court decision.

Managing Tax and Revenue Office Audits During COVID-19

Managing Tax and Revenue Office Audits During COVID-19

As the impact of COVID-19 continues to be felt across Australia, federal and state governments continue to take measures to stimulate the economy and provide financial assistance to taxpayers.

Five frequently asked questions about copyright for authors and publishers

Five frequently asked questions about copyright for authors and publishers

Whether you are a creative about to enter into a book deal or an editor looking to commission, acquire or licence an existing literary work for publication, an understanding of copyright is essential.

Sladen Snippet: Greig - Full Federal Court decision on capital revenue question

Sladen Snippet: Greig - Full Federal Court decision on capital revenue question

As we previously reported here, in the decision of Thawley J in Greig v Commissioner of Taxation [2018] FCA 1084 the taxpayer was unsuccessful in arguing the loss on selling shares was deductible on the basis he was in the business of dealing in shares. The taxpayer appealed this decision.