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
If you don’t ask, you’ll never know: Pedley and allocation of payments made to the ATO
In Deputy Commissioner of Taxation v Pedley (No 2) (2018) FCA 2015 (Pedley), the Federal Court confirmed the wide discretion available to the Australian Taxation Office’s (ATO) to allocate payments made to it for tax debts especially where the taxpayer has not provided explicit direction as to what payments should be applied to which debts.
Sladen Snippet - Active Asset Test – land used for storage: Eichmann v Commissioner of Taxation [2019] AATA 162
The Administrative Appeals Tribunal (AAT) has determined that land, used to store tools and materials for the purposes of operating a business, constituted an “active asset” for the purposes of the small business capital gains tax (CGT) concessions.
Sladen Snippet - ATO changes it view on what is love and affection
On 6 February 2019, the Australian Taxation Office (ATO) withdrew its long-standing Interpretative Decision 2003/589 that a company can forgive a debt owed by a natural person for reasons of “natural love and affection” and not trigger consequences under the commercial debt forgiveness rules.
‘What is mine is yours: Tomaras and the substitution of tax debtors’
The High Court in Commissioner of Taxation v Tomaras & Ors (2018) HCA 62 (Tomaras) has confirmed the Federal Circuit Court had jurisdiction to make orders altering the property interests of parties to a marriage substituting one party for the other party as sole debtor to the Commissioner of Taxation (Commissioner) in respect of income tax liabilities owed by the first party.
Sladen Snippet - Tribunal determines that transfer of land between SMSFs does not trigger duty
In a recent case of Nifuno Pty Ltd atf Stephen Forbes Pension Fund v Chief Commissioner of State Revenue [2019] NSWCATOD 3, the NSW Civil and Administrative Tribunal (NCAT) considered the application of an available duty concession for the transfer of property in connection with persons changing superannuation funds, including self-managed superannuation funds (SMSFs).
Preliminary ATO views on trust splitting
This article provides an overview of the Commissioner’s long-awaited preliminary views on trust splitting provided in TD 2018/D3.
Trustee duties in the time of bitcoin
In modern trust structures and in the rapidly changing technological landscape, the ability of trustees to perform their fiduciary duties is being tested.
Trusts and two-tiered company tax rates
The lowering of the company tax rate to 27.5% for certain companies has implications not just for eligible companies, but also for trustees and beneficiaries of trusts.
Payroll tax cuts in regional Victoria
Thousands of businesses across regional Victoria have already taken advantage of the Victorian Government’s regional payroll tax cuts, which have saved businesses more than $31 million in the first financial year it was introduced.
Burton: when is relief from international double tax available?
On 27 November 2018, McKerracher J of the Federal Court handed down his decision in Burton v CoT (2018) FCA 1857 (Burton).
Satyam Computer - Double Tax Agreements: a sword not a shield
On 11 October 2018, the Full Federal Court in Satyam Computer Services Limited v CoT (2018) held the ‘source’ rule in Article 23 of the Australia–India Double Taxation Agreement (Indian DTA) prevailed over the domestic definition such that payments from Australia to a company in India for work performed in India was taxable in Australia.
Sladen Snippet - CGT rollover denied to sale of shares
The Administrative Appeals Tribunal (AAT) has recently held in Ransley v Federal Commissioner of Taxation that the profits derived by an individual taxpayer on the sale and exchange of shares were on revenue account. As a result, the taxpayer was not eligible for the capital gains tax rollover under Subdivision 124-M of the Income Tax Assessment Act 1997.
Sladen Snippet – Sladen Legal, Daniel Smedley and Rob Jeremiah Recognised as Leaders in Tax
Sladen Legal has been recognised as a Recommended Tax Law Firm (Victoria) in the recently released Doyles Guide Tax Law Rankings.
Payroll Tax Assessments For Subcontractors Providing RACV Emergency Roadside Services Set Aside By The Victorian Supreme Court
In Nationwide Towing & Transport Pty Ltd v Commissioner of State Revenue (No 2) [2018] VSC 609, the Victorian Supreme Court has handed down another decision* against the Victorian State Revenue Office by setting aside payroll tax assessments issued in relation to payments to subcontractors.
What does the proposed new Division 7A mean to your existing loan?
On 22 October 2018, Treasury released a consultation paper to seek views on proposed amendments to Division 7A.
ATO Guidance: back-to-back CGT roll-overs and demergers
Last week the Australian Taxation Office (ATO) updated its ‘advice under development’ pages to include back-to-back capital gains tax (CGT) roll-overs and what is a ‘restructuring’ for purposes of the demerger provisions.
Sladen snippet - Further integrity measures regarding small business CGT concessions in relation to partnerships
On 12 October 2018, Treasury released exposure draft legislation concerning the latest changes to the small business capital gains tax (CGT) concessions (the concessions).
Trusts, income tax, CGT and foreign residents
The taxation of trusts and foreign benefi ciaries is complex. As the world globalises, what was an exception is now “the new black”. Reform is long overdue.
Here we go, Treasury releases Division 7A consultation
As we have previously reported, the Government announced in the 2017 Budget that amendments would be made to Division 7A incorporating recommendations from the 2014 Board of Taxation’s final report on the ‘Post Implementation Review of Division 7A of Part III of the Income Tax Assessment Act 1936’ (the earlier report).
Sladen Snippet - Pintarich – a Clayton’s decision denied High Court special leave
We reported on the Full Federal Court decision of Pintarich v Deputy Commissioner of Taxation [2018] FCAFC 79 here.