Sladen Snippet - GST on sales of vacant land by sheep grazing business

Sladen Snippet - GST on sales of vacant land by sheep grazing business

For a supply to trigger a GST liability, it needs (amongst other things) to be made in the course of furtherance of an enterprise. A common GST question is whether the sales of vacant lots of land amount to carrying on an ‘enterprise’ and are subject to GST.

Sladen Snippet - ATO finalises legislative instrument to deal with in-house asset issues for SMSFs offering rent deferrals to related party tenants

Sladen Snippet - ATO finalises legislative instrument to deal with in-house asset issues for SMSFs offering rent deferrals to related party tenants

As previously discussed here, the ATO has now finalised the legislative instrument Self-Managed Superannuation Funds (COVID-19 Rental income deferrals – In-house Asset Exclusion) Determination 2020 (Determination). The Determination does not materially differ from the draft version.

Sladen Snippet - Advanced Holdings: are you sure you have read the trust deed?

Sladen Snippet - Advanced Holdings: are you sure you have read the trust deed?

We have previously written about carefully reading the clauses of a trust deed when seeking to make variations. The recent Federal Court decision of Advanced Holdings once again exemplifies the adverse outcomes that can arise when protocols prescribed in a trust deed are not followed.

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 – payments to contractor not subject to superannuation guarantee

Sladen Snippet – payments to contractor not subject to superannuation guarantee

In the recent decision of MWWD v FC of T 2020 ATC (16 October 2020), the Administrative Appeals Tribunal (AAT) found that payments to a contractor repair technician did not trigger a superannuation contribution/charge obligation under the Superannuation Guarantee (Administration) Act 1992 (Cth) (SG Act).

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.

Are you on the ATO’s radar? The Next 5,000 compliance program commences

Are you on the ATO’s radar? The Next 5,000 compliance program commences

The Australian Taxation Office (ATO) has begun issuing notices for its compliance program focusing on the “Next 5,000” private groups in Australia (Next 5000 Program).

Healius: Full Court finds payments to doctors not deductible

Healius: Full Court finds payments to doctors not deductible

The Full Federal Court in FCT v Healius [2020] FCAFC 173 has upheld the Australian Taxation Office’s (ATO) appeal of the Federal Court decision in Healius v COT [2019] FCA 2011 which considered whether lump sum payments made by a medical centre to its doctors were assessable on revenue or capital account.

Sladen snippet – late contributions cannot be offset – employer must make contributions twice

Sladen snippet –  late contributions cannot be offset – employer must make contributions twice

Where super guarantee contributions are not made by 28 days after the relevant quarter, a superannuation guarantee charge (SGC) liability is triggered. If the contributions are made after the due date, then, in certain circumstances, those late contributions can be offset against the SGC liability.

“Stamping” Of Trust Deeds In Victoria

“Stamping” Of Trust Deeds In Victoria

While the application of land transfer (stamp) duty is reasonably straight forward for land transfers such as a purchase of property under a contract of sale, the application of duty in relation to declarations of trust can be complicated.

Pike: Full Court applies DTA and finds taxpayer is not an Australian tax resident

Pike: Full Court applies DTA and finds taxpayer is not an Australian tax resident

Over the last 18 months several decisions of the Administrative Appeals Tribunal, Federal and Full Federal Courts considered the application of Australian tax residency laws including Harding v FCT [2019] FCAFC 29, FCT v Addy [2020] FCAFC 135, Stockton v FCT [2019] FCA 1679, Handsley v FCT [2019] AATA 917 and Coelho v FCT [2020] AATA 2474.

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.

ATO provides clarity on obligations of SMSF auditors in respect of NALE and NALI

ATO provides clarity on obligations of SMSF auditors in respect of NALE and NALI

The ATO has provided some welcome clarification for auditors regarding their obligations to report on non-arm’s length expenditure (NALE) incurred by a super fund of a general nature.

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.

The end of the superannuation guarantee amnesty – so what now for employers?

The end of the superannuation guarantee amnesty – so what now for employers?

As discussed here and here, the superannuation guarantee (SG) amnesty allowed employers to disclose and pay previously unpaid SG charge, including nominal interest, for the quarters between 1 July 1992 to 31 March 2018 without incurring the administration component ($20 per employee per quarter) or Part 7 penalties. In addition, payments of SG charge made to the ATO under the amnesty were tax deductible.

Sladen Snippet - ATO confirms that auditors must report COVID-19 contraventions

Sladen Snippet - ATO confirms that auditors must report COVID-19 contraventions

In June 2020, the ATO updated the independent auditor's report instructions (IAR) so that auditors would not need to modify their opinion in Part B of the IAR with respect to certain contraventions arising from the impacts of COVID-19 for the 2019-20 and 2020-2021 financial years.

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).

Sladen Snippet – Addy – ATO wins backpacker tax case in the Full Federal Court

Sladen Snippet – Addy – ATO wins backpacker tax case in the Full Federal Court

As we discussed in Coelho v FCT [2020] AATA 2474, different tax rates apply to residents and non-residents. Further, under Pt III of Sch 7 to the Income Tax Rates Act 1986, a working holiday maker pays tax at 15% on the first $37,000 of income in Australia. Commonly referred to as the ‘backpacker tax’.

Sladen Snippet - ATO releases PSLA in relation to when it will remit super guarantee penalties once the amnesty period ends

Sladen Snippet - ATO releases PSLA in relation to when it will remit super guarantee penalties once the amnesty period ends

In anticipation of the conclusion of the superannuation guarantee (SG) amnesty (discussed here) on 7 September 2020, the Australian Taxation Office (ATO) has released a draft Law Administration Practice Statement PS LA 2020/D1 (PSLA 2020/D1) in relation to how, post amnesty, the ATO officers may exercise their discretion to remit Part 7 penalties.