The Victorian government has announced in its 2017 budget that it plans to abolish, from 1 July 2017, the spouse to spouse duty exemption, unless it is a transfer of a principal place of residence or a transfer as a result of a relationship breakdown.

The Australian Taxation Office (ATO) has released Practical Compliance Guideline PCG 2017/5 which gives guidance as to how trustees of self managed superannuation funds (SMSFs) can commute pensions by 30 June 2017 in order to comply with the new transfer balance cap measure.

On 28 February 2017, Sladen Legal’s Phil Broderick, Melissa Colaluca and Rob Jeremiah gave presentations on the new super laws.

In February 2017, Phil Broderick of Sladen legal article was published “Units trusts and cost base resets under the TBC” in the Tax Institute’s Journal, Taxation in Australia.

In January 2017 “Deemed to be a “fixed trust” – draft guidelines” written by Sladen Legal's Daniel Smedley and Patricia Martins was published in the Tax Institute’s Journal, Taxation in Australia.

In November 2016, "Are foreign trusts the new black?” written by Sladen Legal’s Phil Broderick was published in The Tax Institute Journal, Taxation in Australia.

The Treasury Laws Amendment (Enterprise Tax Plan) Bill 2016 was recently passed by the Senate containing amendments to progressively reduce the corporate tax rate and increase the small business turnover thresholds for access to small business tax concessions. 

The High Court of Australia has recently allowed an appeal against a decision of the Victoria Court of Appeal and held that the Commissioner was not under a duty to issue amended assessments and refund an excess amount of land tax that has erroneously been paid by a taxpayer.

The Administrative Appeals Tribunal (AAT) has recently held that tax losses were not available to a partner in a property development partnership.

On 25 January 2017, the Commissioner of Taxation (Commissioner) released Taxation Determination, TD 2017/1 (Determination) concerning whether intangible capital improvements made to a pre-CGT asset can be a separate asset for the purpose of subsections 108-70(2) or (3) of the Income Tax Assessment Act 1997.

With that date fast approaching it is important that SMSF trustees look to rectify any outstanding related party non-commercial LRBA loans in the next couple of weeks.

The Federal Court of Australia denied the application of the CGT small business concession on the basis that an unusual activity carried on by an associated entity to the taxpayer contributed to the aggregated annual turnover of that entity to be more than $2,000,000.

On 06 December 2016, the Commissioner of Taxation issued the Discussion Paper TDP 2016/1 on issues concerning electronic distribution platforms (EDPs). The discussion paper seeks feedback in relation to the new Goods and Services Tax (GST) rules for digital suppliers and services affecting EDPs from 1 July 2017.

In light of the 2016-17 Federal Budget handed down earlier this year, followed by consultation with participants in the wine industry, the Turnbull Government has announced on 02 December 2016 reforms to the WET Rebate. The purpose of these reforms, as stated by Assistant Treasurer and Minister for Small Business, Kelly O’Dwyer is to address “distortions in the market through the misuse and exploitation of the WET Rebate scheme”.

Financial Synergy Holdings Pty Ltd v FC of T [2016] FCAFC 31 - High Court denies application for special leave to appeal

Reporting entities must prepare a report setting out the required information about transactions in a specified period, such as an income year or other period. 

On the 26th October 2016 Sladen Legal’s Phil Broderick was invited to present a paper at The Tax Institute 2016 VIC Property Intensive event. 

The ATO has recently updated its Decision Impact Statement on FCT v AXA Asia Pacific Holdings Ltd 2010 ATC 20-224 to include amendments made in September 2016. 

On 10 October 2016, the Federal Government released an Exposure Draft to implement changes to the debt and equity tax rules in Division 974 of Income Tax Assessment Act 1997. The Exposure Draft is intended to effect recommendations made by the Board of Taxation in its April 2015 report Review of the Debt and Equity Tax Rules.

The Administrative Appeals Tribunal’s decision in Case 4/2016 illustrates the importance of observing the terms of a Services Agreement and ensuring that the actions of the parties to the agreement are consistent with the written agreement.