Rob Warnock

Section 100A: if you want BBlood, you’ve got it: 100A and capital amounts

Section 100A: if you want BBlood, you’ve got it: 100A and capital amounts

On 19 September 2022, Justice Thawley of the Federal Court handed down his decision in BBlood Enterprises Pty Ltd v FCT [2022] FCA 1112 (BBlood), the most recent decision on section 100A of the Income Tax Assessment Act 1936. The Australian Taxation Office (ATO) was successful in arguing that section 100A applied.

Draft Practical Compliance Guideline PCG 2022/D1: are you on the highway to hell?

Draft Practical Compliance Guideline PCG 2022/D1: are you on the highway to hell?

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.

Draft Taxation Ruling 2022/D1: Do people still listen to disco music?

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.

Federal Budget 2021-22: The Tax Changes You Need to Know

Federal Budget 2021-22: The Tax Changes You Need to Know

The Federal Budget 2021-2022 is big on spending and small on major structural change to tax however there are a number of tax measures within the Budget to be aware of.

Allocation of professional firm profits – the ATO moves the goalposts!

Allocation of professional firm profits – the ATO moves the goalposts!

On 1 March 2021, the Australian Taxation Office (ATO) released Draft Practical Compliance Guideline PCG 2021/D2 Allocation of professional firm profits – ATO compliance approach (Draft PCG) that sets out the ATO’s proposed compliance approach to the allocation of profits by professional firms.

JobKeeper 2.0 is go!

JobKeeper 2.0 is go!

After 6 months of, and multiple revisions to the administration to, JobKeeper, the extension to the scheme – labelled JobKeeper 2.0, begins today. JobKeeper 2.0 runs until 28 March 2021. In this article we summarise the main elements and qualification requirements of JobKeeper 2.0.

LinkedIn profile is not an offer or invitation under the PSI rules

LinkedIn profile is not an offer or invitation under the PSI rules

On 17 August 2020, the Full Federal Court handed down its decision in FCT v Fortunatow [2020] FCAFC 139 allowing the Commissioner’s appeal from the decision of Griffiths J of the Federal Court and finding Griffiths J had erred in his construction of section 87-20(1)(b) of the Income Tax Assessment Act 1997 (ITAA 97).

Australian trusts, capital gains, and foreign beneficiaries: more controversy, more angst?

Australian trusts, capital gains, and foreign beneficiaries: more controversy, more angst?

The Australian Taxation Office (ATO) recently released Taxation Determinations TD 2019/D6 and TD 2019/D7 (together the Determinations) that concern Australian discretionary trusts distributing capital gains to foreign beneficiaries.

Business restructuring and share buy-backs

Business restructuring and share buy-backs

When a shareholder in a company wishes to leave, and the remaining shareholders are happy for this to occur, basically there are two ways the separation can occur:

·       The remaining shareholders can purchase the shares from the departing shareholder; or

·       The company can buy back its shares.