As the holiday season concludes and the countdown to another 30 June begins, we highlight 10 income tax issues that we expect will dominate the Australian private wealth landscape over the coming months.

Well drafted warranties offer purchasers protection by providing an avenue to seek recovery in the event that what is acquired turns out to be different than what it was represented to be by the seller.

This article looks at a case involving a share sale agreement and the outcome achieved when action was taken against the seller due to a breach of warranties offered in the share sale agreement to the purchaser.

Over the past three years, the Australian Government has placed increasing significance on developing anti-corruption laws at both the domestic and international level. This article provides an overview of some of the legislation which govern this area in Australia, how corporations can be found liable and how to access guides to manage compliance.

The NSW Court of Appeal has affirmed on-demand loan repayments to shadow directors were reasonable where the company was solvent and the payments caused no detriment and as such do not constitute a breach of the unreasonable director related transaction provisions in section 588FDA of the Corporations Act.

The Full Court of the Federal Court’s decision in Bakers Delight Holdings Ltd v Fair Work Ombudsman [2025] FCAFC 144 provides insight into the interaction between franchisor liability and ‘reverse onus’ mechanisms in the Fair Work Act 2009 (Cth).

Specifically, the Federal Court confirmed that franchisors can be held legally responsible for workplace contraventions by franchisees, even where the case against the franchisee relies on a ‘reverse onus of proof’. Franchisors are recommended to implement proactive compliance systems across their networks to avoid liability.

Many will be familiar with the use of bare trusts by SMSFs as part of a limited recourse borrowing arrangement (LRBA), but there are other ways in which an SMSF might invest via a bare trust, providing different structuring opportunities. This article considers the use of ‘non LRBA bare trusts’ by SMSFs and the superannuation law implications.

The ART decision in XLZH v FCT looked at whether pre-CGT assets owned by a discretionary trust kept that status under Division 149 and to the extent to which ATO Ruling IT 2430 can be relied upon in applying Division 149.

#CGT, #Division 149, #discretionary trusts, #Tax, #IT 2430

The article explains the arguments contained in the parties’ submissions to the High Court in the appeal by the Commissioner of Taxation (Commissioner) from the Full Federal Court’s (Full Court) decision in Commissioner of Taxation v Bendel [2025] FCAFC 15 (Bendel). 

On 12 June 2025, the High Court granted the Commissioner special leave to appeal the decision of the Full Federal Court in FCT v Bendel [2025] FCAFC 15 (Full Court Decision) that we wrote about here.

The Full Federal Court case of Commissioner of Taxation v Liang [2025] FCAFC 4 serves as a reminder that when challenging an ATO decision at a court or tribunal, it is the taxpayer who carries the burden of proving that an assessment is excessive and what the assessment should have been.

This article considers the views of the Full Federal Court in AusNet v FCT on the “nothing else” condition in Division 615 and what those views may mean for proposed ATO guidance on sequential transactions and the “nothing else” condition of a rollover.

On 19 February 2025, the Full Federal Court handed down its decision in FCT v Bendel [2025] FCAFC 15. On 18 March 2025, the ATO applied for special leave and, on 19 March 2025, the ATO updated its interim decision statement (DIS) on the case.

We review the updated DIS below.

#Division 7A, #UPE, #Unpaid present entitlements, #Tax, #Trusts, #TD2022/11, #Bendel, #109D #Special leave #Decision Impact Statement

On 19 February 2025, the Full Federal Court, in FCT v Bendel [2025] FCAFC 15 (Bendel), held that an unpaid present entitlement (UPE) with a corporate beneficiary is not a loan under subsection 109D(3) of Division 7A of the Income Tax Assessment Act 1936 (ITAA 1936).

The ATO has finalised its practical compliance guidance Practical Compliance Guideline PCG 2024/3 (Guideline) to clarify how the ATO will apply its compliance resources in relation to the application of section 99B when Australian residents receive payments or benefits from non-resident trusts. The guideline outlines common scenarios, record-keeping expectations, and low-risk arrangements.

The Australian Taxation Office (ATO) recently issued two key updates that could affect private groups using guarantee-backed financial arrangements.

The ATO published Taxation Determination TD 2024/9, finalising its guidance on section 99B of the Income Tax Assessment Act 1936 and specifically on the relevant factors to be considered when applying paragraphs 99B(2)(a) and (b).

The income tax treatment of settlement payments received under an agreement depends on the circumstances surrounding the entering into of the agreement, not just the terms of the agreement.

The Federal Court of Australia’s judgment in ASIC v Retail Employees Superannuation Pty Ltd highlights that if a corporation honestly relies on advice from their lawyers that may provide reasonable grounds to defend the making of a representation that concerns the present state of affairs.

The Federal Court found that representations made by Retail Employees Superannuation Pty Ltd (REST) regarding their rules and practice were opinions expressed as to the law based on reasonable grounds due to reliance on advice received from their lawyers and other trusted sources. Therefore, the representations made could not amount to misleading or deceptive conduct.

While the thin capitalisation rules have traditionally had limited application to many private groups, the new debt deduction creation rules (DDCR) that apply from 1 July 2024 are a clear creep into that space.

Over the course of the last year, the Australian Taxation Office (ATO) has repeatedly indicated in various forums that advisors are in the ATO’s sights.