Sladen Snippet – TD 2021/D5 genuine disposal restrictions in employee share schemes

Sladen Snippet – TD 2021/D5 genuine disposal restrictions in employee share schemes

Whether an employee has genuine restrictions on disposing of an option/right or share issued under an employee share scheme (ESS) can determine whether tax can be deferred, and until when, under the ESS.

Sladen Snippet - Company Director Identification Numbers are Here

Sladen Snippet - Company Director Identification Numbers are Here

The time to apply for a director identification number (Director ID) is almost upon us. Under the 2020 Budget Digital Business plan, the Federal Government announced the establishment of the new Australian Business Registry Services (ABRS).

Sladen Snippet - Retirement income covenant will not apply to SMSFs

Sladen Snippet - Retirement income covenant will not apply to SMSFs

On 27 September 2021 the government released exposure draft legislation to introduce a retirement income covenant (Draft Bill).

Sladen snippet - music teacher found to be employee for super guarantee purposes

Sladen snippet - music teacher found to be employee for super guarantee purposes

In the recent decision of Olias Pty Ltd as trustee for the Storer Family Trust and Commissioner of Taxation, the Administrative Appeals Tribunal (AAT) found that a “contract” music teacher fell within the ordinary definition of ‘employee’, and was therefore an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 (Cth) (SG Act).

Sladen snippet - ATO releases PSLA on how it will administer SIS Act penalties

Sladen snippet - ATO releases PSLA on how it will administer SIS Act penalties

From 1 July 2014, the ATO was granted power to issue administrative penalties to self managed superannuation fund SMSF) trustees for breaches of the Superannuation Industry (Supervision) Act 1993 (SIS Act).

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

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

The Australian Taxation Office (ATO) has released a welcome draft legislative instrument, Self Managed Superannuation Funds (COVID-19 Rental income deferrals - In-house Asset Exclusion) Determination 2020 (SPR 2020/D2), that will exclude COVID-19 related rental deferrals from being ‘loans’ under the in-house asset rules.

Sladen Snippet - VCAT rules land being prepared for primary production and denies exemption from land tax

Sladen Snippet - VCAT rules land being prepared for primary production and denies exemption from land tax

Most Victorian farmers who are using Victorian land solely or primarily for primary production purposes are aware of the primary production land tax exemptions under section 65, 66 or 67 (Primary Production Land Exemptions) of the Land Tax Act 2005 (the Act).

Sladen Snippet - ATO withdraws practical compliance guideline on payments for use and exploitation of a professional sportsperson’s “public fame” or “image”

Sladen Snippet - ATO withdraws practical compliance guideline on payments for use and exploitation of a professional sportsperson’s “public fame” or “image”

In 2017, the Australian Taxation Office (ATO) released Draft Practical Compliance Guideline PCG 2017/D11 (the PCG) to provide safe harbour measures for professional sportsperson’s who receive lump sum payments in exchange for their professional services and the use and exploitation of their “public fame” or “image”.

Can you make your employees download the COVIDSafe App?

Can you make your employees download the COVIDSafe App?

Many businesses around the country are eagerly anticipating being able to trade again. For some employers, this has included encouraging employees and customers to download the Federal Government’s COVIDSafe App. Questions have risen around whether employers can require their employees to download the COVIDSafe App before returning to work.

Sladen snippet – extension of the work test and bring forward rule – draft legislation released

Sladen snippet – extension of the work test and bring forward rule – draft legislation released

As announced in 2019/20 budget, the Government has released draft legislation and draft regulations to extend the work test start date to age 67 and to allow the use of bring forward contributions for persons aged 65 and 66.

Sladen snippet - High Court refuses special leave on the Optical Superstore payroll tax case

Sladen snippet - High Court refuses special leave on the Optical Superstore payroll tax case

The clampdown by revenue authorities on investigating medical, dental, optometry and other allied clinics is anticipated to continue, with the High Court refusing to grant special leave to appeal the Victorian Court of Appeal’s decision in the Optical Superstore case.

Sladen snippet – proposed legislative instrument to permit LRBA borrowings by the bare trustee

Sladen snippet – proposed legislative instrument to permit LRBA borrowings by the bare trustee

The ATO has released a draft legislative instrument and explanatory statement that would permit a holding trustee/bare trustee to borrow under a limited recourse borrowing arrangement (LRBA).

Sladen snippet – Victorian discretionary trust deeds must be amended by 1 March 2020 to avoid foreign duty surcharge

Sladen snippet – Victorian discretionary trust deeds must be amended by 1 March 2020 to avoid foreign duty surcharge

The State Revenue Office (SRO) have announced that its current “practical approach” in relation to whether trustees of discretionary trusts trigger the foreign duty surcharge will cease from 1 March 2020.

Sladen Snippet - It’s not too late for your NSW discretionary trust holding residential land

Sladen Snippet - It’s not too late for your NSW discretionary trust holding residential land

As outlined in our previous article, the State Revenue Further Amendment Bill 2019 (NSW) was introduced to NSW Legislative Assembly on Tuesday 22 October 2019, and proposed to make changes to New South Wales land tax and duty legislation.

Sladen Snippet - Federal Court finds land used for storage not an active asset

Sladen Snippet - Federal Court finds land used for storage not an active asset

The Federal Court in FCT v Eichmann [2019] FCA 2155 (Eichmann) held that land used for storage was not an active asset for purposes of the small business capital gains tax (CGT) concessions in Division 152 of the Income Tax Assessment Act 1997 (ITAA 1997).

Sladen Snippet - Government introduces Bill on the taxation of testamentary trusts

Sladen Snippet - Government introduces Bill on the taxation of testamentary trusts

The Federal Government has introduced the Treasury Laws Amendment (2019 Measures No. 3) Bill 2019 (Bill), which seeks to ensure that tax concessions available to minors on income on distributions by the trustee of a testamentary trust will only apply in respect of income that is generated from assets of the deceased estate transferred to that testamentary trust (or the proceeds of the disposal or investment of those assets).

Sladen snippet – does your discretionary trust hold residential land in NSW? If so, you may need to amend its deed by 31 December 2019

Sladen snippet – does your discretionary trust hold residential land in NSW? If so, you may need to amend its deed by 31 December 2019

As outlined in our previous article, under the proposed changes to New South Wales land tax and duty legislation, a trustee of a discretionary trust (including testamentary trusts) will be deemed to be a “foreign trust” if the terms of the trust do not prevent a foreign person from being a beneficiary of the discretionary trust. Importantly, these changes are proposed to have retrospective effect to the 2017, 2018 and 2019 land tax years and can catch dutiable transactions back to 21 June 2016.