Sladen Thoughts
Legal industry latest news and insights
Stay up to date with legal industry news and updates. Sladen Legal provide regular updates on changes and news in the Australian Legal Industry.
If you are looking for our papers and journal articles including Taxation in Australia, The Tax Institute and SMSF Association, these are available in our Sladen Smart Membership Platform, become a member or login to gain exclusive access.
Author
- Alicia Hill
- Andrea Lin
- Daniel Smedley
- Daniel Smedley
- Dean Beaumont
- Edward Skilton
- Edward Hennebry
- Jake Cole
- James Gao
- Jan Harnischmacher
- Jasmine O'Brien
- Jordan Bauer
- Kaitilin Lowdon
- Kseniia Gasiuk
- Magdalena Njokos
- Matthew Davis
- Meagan O'Connor
- Michelle Dowdle
- Neil Brydges
- Nicholas Clifton
- Phil Broderick
- Philippa Briglia
- Sarah Wedd-Elliot
- Sladen Legal
- Sladen Legal
- Thomas Howell
- Victor Di Felice
- Will Monotti
Categories
- Asset Protection
- Business Contracts
- Business Law
- Business Structuring
- Business Succession
- Commercial Contracts
- Commercial Disputes
- Commercialisation
- Conference Papers
- Copyright
- Corporate Advisory
- Cryptocurrency
- Digital Law
- Dispute Resolution
- Employee Share Schemes
- Employment Law
- Entertainment and Sports
- Entrepreneurial
- Estate Disputes
- Estate Litigation
- Family Business
- Federal Taxes
- Franchising
- IP Disputes
- Insolvency
- Intellectual Property
- Inventions
- Land Tax
- Landholder Duty
- Learning
- Managing IP
- Mergers & Acquisitions
- Payroll Tax
- Personal Succession
- Probate
- Property & Development
- Property Disputes
- Publications
- Sladen Legal News
- Sladen Snippet
- Small Business
- Stamp Duty
- Startups
- State Tax Disputes
- State Taxes
- Superannuation
- Tax Consolidation
- Tax Disputes
- Taxation
- Technology
Section 99B – TD 2024/D2 – you can’t always get what you need
On 31 July 2024, the ATO released draft TD 2024/D2 and draft PCG 2024/D1 on aspects of section 99B.
While we welcome the ATO guidance on section 99B, it is not what taxpayers and advisors want– section 99B requires legislative amendment. However, is the draft ATO guidance what advisor’s need?
Tao - Becoming a sole director of a corporate trustee triggers landholder duty despite no acquisition of units in a unit trust
The VCAT decision of Tao v Commissioner of State Revenue (Review and Regulation) [2024] VCAT 637 has confirmed the breadth of the Victorian landholder duty change of control provisions - despite no acquisition of units in a unit trust.
Water Pipeline Subject To Duty As “Goods” For The Purpose Of The New South Wales Landholder Duty Provisions in Conexa Syndey Holdings
On 24 May 2024 the New South Wales Supreme Court held that landholder duty applied to value of a water carrying pipeline in Conexa Sydney Holdings Pty Ltd v Chief Commissioner of State Revenue (2024] NSWSC 628.
Quy v FCT: less than 2 months in Australia … I still call Australia home
The Administrative Appeals Tribunal (Tribunal) has held in Quy v FCT [2024] AATA 245 that a taxpayer, who was physically in Australia for less than 2 months each year, was a resident of Australian tax purposes.
Disputed Debts with the ATO – teamwork makes the dream work?
The ATO has a new collaborative and tailored approach to managing the collection and recovery of disputed debts.
Bowerman: an unusual case that may have unusual implications
In an “unusual outcome” concerning a main residence, the AAT has highlighted the breadth of what constitutes a profit-making scheme and the functionality of ATO public rulings.
UPEs as loans - end of an era?
If 16 December 2009 was the beginning of the Australian Taxation Office (ATO) treating an unpaid present entitlement (UPE) with a corporate beneficiary as a loan for purposes of Division 7A, could 28 September 2023 be the end of that era?
BBlood v FCT: section 100A, more guidance on tax avoidance purpose
The Full Federal Court in the BBlood appeal found for the ATO on section 100A and the taxpayer dividend stripping (albeit on a technical, non-substantive basis).
The 100A analysis was limited to ‘tax avoidance purpose’ with the Full Court holding that, in certain circumstances, the purpose of advisors can be relevant.
“Sneaky” change to Windfall Gains Tax valuation objections
The 2023-2024 Victorian State Budget was delivered by the Victorian Government on 23 May 2023.
Guardian AIT: 100A or ATO’s Part IVA angel in disguise?
This time last year, we published an article querying whether the Federal Court decision in Guardian AIT Pty Ltd ATF Australian Investment Trust v FCT [2021] FCA 1619 (First Instance Decision) would ignite an administrative and judicial quest for clarity on the interpretation of section 100A of the Income Tax Assessment Act 1936 (ITAA 1936).
Bosanac: presumption of resulting trust v presumption of advancement: High Court tells both to sit down
The High Court in Bosanac v Commissioner of Taxation [2022] HCA 34 culminated a protracted debate on whether to apply the presumption of resulting trust or presumption of advancement in the context of a matrimonial home.
Can Part IVA apply to trustee discretions? Yes, according to the Federal Court
The recent Federal Court decision of Minerva Financial Group Pty Ltd v Commissioner of Taxation [2022] FCA 1092 (Minerva) signifies that the Federal Commissioner of Taxation (Commissioner) can successfully scrutinise a trustee’s discretion under the general anti-avoidance provisions (Part IVA).
Horse breeding found to qualify for the primary production land tax exemption
The NSW Supreme Court’s (NSWSC) decision in Godolphin Australia Pty Ltd v Chief Commissioner of State Revenue [2022] NSWSC 430 (Godolphin Case) is instructive as it provides guidance into the ambit and scope of the land tax primary production exemption particularly in relation to the breeding of horses.
FCT v Carter: trust disclaimers not effective for tax
In one sense, the High Court judgment in FCT v Carter [2022] HCA 10 (Carter) will come as welcome relief for tax advisors. That is, after dealing with the Australian Taxation Office’s (ATO) view of the ‘lore’ in the form of practical compliance guidelines, Carter turns minds back to the ‘law.’ Unfortunately, the law in Carter can result in unpleasant tax outcomes for certain trust beneficiaries.
2022: year of 100A
Quoting Winston Churchill, we said that the Federal Court decision in Guardian AIT Pty Ltd ATF Australian Investment Trust v FCT [2021] FCA 1619 (Guardian AIT) concerning section 100A of the Income Tax Assessment Act 1936 is perhaps the “end of the beginning” of what may become increased clarity on the judicial and administrative approach to that section.
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 Determination TD 2022/D1: much ado about nothing or a seismic shift?
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.
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.
A Guide To Understanding Land Tax: Part 1 Overview of Land Tax
What is land tax
Land tax is a state and territory tax. It is an annual tax that is levied by the state authorities of each state and territory based on the total taxable value of land held in the particular jurisdiction.
Draft ATO guidance on 100A and UPEs: is everything awesome?
After six years the ATO has released draft guidance on section 100A. Keeping with the draft theme, the ATO also released (updated) draft views on when an unpaid present entitlement held on sub-trust becomes financial accommodation for purposes of Division 7A.