Taxation

Tax disputes: Part 4 - mitigation of interest and penalties

Tax disputes: Part 4 - mitigation of interest and penalties

When involved in a dispute with the Australian Taxation Office (ATO), dealing with the interest and penalties that may be imposed by the ATO in relation to a tax liability by seeking remission of those amounts, objecting, or having a reasonably arguable position opinion can be an important part of any dispute resolution strategy.

The new ‘economic entitlement’ provisions in Victoria

The new ‘economic entitlement’ provisions in Victoria

The ‘economic entitlement’ provisions are unique in Victoria. Pursuant to the amendments to the legislation as part of the Victorian 2019/20 budget, from 19 June 2019 these provisions now apply to impose duty where an economic entitlement is acquired in relation to Victorian land and any Victorian landholding entity.

Sladen Snippet - Sunsetting PAF Guidelines to be remade

Sladen Snippet - Sunsetting PAF Guidelines to be remade

Treasury has released exposure draft Taxation Administration (Private Ancillary Fund) Guidelines 2019 (2019 Guidelines), in anticipation of the sunsetting of Private Ancillary Fund Guidelines 2009, which is scheduled to occur on 1 October 2019.  

Tax Disputes: Part 1 – Early engagement strategies with the ATO

Tax Disputes: Part 1 – Early engagement strategies with the ATO

When involved in a dispute with the Australian Taxation Office (ATO), it is always in a clients’ best interest to seek to either resolve or narrow and define the relevant issues in dispute as quickly and efficiently as possible.  We will always advise a client to seek to engage with the ATO to resolve a tax dispute, when possible.

Sladen Snippet - trustee obligations on the ATO radar

Sladen Snippet - trustee obligations on the ATO radar

As we approach 30 June, the Australian Taxation Office (ATO) announced that it is reviewing adherence to trustee obligations including the lodgment of tax file number (TFN) reports for TFN withholding for closely held trusts.

Sladen Snippet: ATO to begin data matching program on cryptocurrency holdings

Sladen Snippet: ATO to begin data matching program on cryptocurrency holdings

The Federal Commissioner of Taxation (Commissioner) has given notice that the Australian Taxation Office (ATO) will commence a data matching program on cryptocurrency.

Federal Court reminds us of the complexity of income tax deductibility, and what it means to carry on a business.

Federal Court reminds us of the complexity of income tax deductibility, and what it means to carry on a business.

In Watson as trustee for the Murrindindi Bushfire Class Active Settlement Fund v Commissioner of Taxation [2019] FCA 228 (Watson), the Federal Court ruled that an investment trust established to hold funds received as compensation for victims of the black Saturday bush fires could not deduct administrative expenses associated with the trust’s operation.  

ATO Decision Impact Statement on Pintarich – troubling views on when a decision may not be a decision

ATO Decision Impact Statement on Pintarich – troubling views on when a decision may not be a decision

We previously reported here and here on the Full Federal Court decision of Pintarich v Deputy Commissioner of Taxation [2018] FCAFC 79 (Pintarich) and the unsuccessful application for special leave to the High Court.

ATO releases ruling on when a company carries on a business, providing useful guidance for small business corporate taxpayers

ATO releases ruling on when a company carries on a business, providing useful guidance for small business corporate taxpayers

The Federal Commissioner of Taxation (Commissioner) has issued Taxation Ruling TR 2019/1 (Ruling) which addresses when a company carries on a business within the meaning of:

Sladen Snippet – ATO to seek special leave to appeal to the High Court in Harding

Sladen Snippet – ATO to seek special leave to appeal to the High Court in Harding

We previously reported here in relation to the Full Federal Court decision in the residency case of Harding v COT [2019] FCAFC 29 (Harding) which found in favour of Mr Harding, reversing the Federal Court’s decision at first instance.

The Trust Structures Guide 2016 (11th Edition) has now been released

The Trust Structures Guide 2016 (11th Edition) has now been released

Sladen Legal is pleased to announce that the 2016 version of the Trust Structures Guide (written by Sladen Legal and published by The Tax Institute) is now available.

The Trust Structures Guide has long been considered to be invaluable guide for professionals advising on structuring and tax matters relating to trusts.

Sladen Snippet - National Innovation and Science Agenda - Tax Incentives and Insolvency Reform for Innovative Business

Sladen Snippet - National Innovation and Science Agenda - Tax Incentives and Insolvency Reform for Innovative Business

The recent release of the Federal Government’s National Innovation and Science Agenda outlines key measures to promote and support the growth of innovation and entrepreneurial ventures in Australia.

The ATO's proposed treatment of unpaid present entitlements: part 2

The ATO's proposed treatment of unpaid present entitlements: part 2

In September 2015, Part 2 of a 2 part series written by Sladen Legal's Renuka Somers and Ashleigh Eynaud was published in the Tax Institute’s Journal, Taxation in Australia.

It discusses draft Taxation Ruling TR 2015/D2 and the Australian Taxation Office’s proposed treatment of trust unpaid present entitlements for the purposes of the maximum net asset value test applicable to the capital gains tax small business concessions.

The ATO’s proposed treatment of unpaid present entitlements: Part 1

The ATO’s proposed treatment of unpaid present entitlements: Part 1

In August 2015, Part 1 of a 2 part series written by Sladen Legal's Renuka Somers and Ashleigh Eynaud was published in the Tax Institute’s Journal, Taxation in Australia.

It discusses some of the unresolved issues and complexities associated with the taxation treatment of trust unpaid present entitlements for Division 7A purposes and bad debt write-offs, despite the Australian Taxation Office’s attempts to address these matters in draft Taxation Determinations TD 2015/D4 and TD 2015/D5.

Sladen Snippet - Division 7A and Tax Consolidated Groups TD 2015/18

Sladen Snippet - Division 7A and Tax Consolidated Groups TD 2015/18

Division 7A of the Income Tax Assessment Act 1936 can operate to deem a dividend to be paid by a private company that is a subsidiary member of an income tax consolidated group (subsidiary).

If a subsidiary makes a loan to a shareholder (of the Head Company of the tax consolidated group) or their associate in a manner that evokes the application of the “deemed dividend” provisions in s 109D, the relevant time for complying with the Division 7A provisions would be the “lodgment day” of the Subsidiary’s income tax return for the relevant financial year (s 109D(1)(b)) – however, a Subsidiary member of a tax consolidated group is not required to lodge an income tax return.