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“The new normal – ATO announces increasing review and tax assurance activity in relation to private groups”

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“The new normal – ATO announces increasing review and tax assurance activity in relation to private groups”

Recently, the Australian Taxation Office (ATO) announced an expansion to its ‘Tax Avoidance Taskforce’, increasing its focus on “supporting and ensuring private groups and high wealth individuals pay the right amount of tax”.

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Sladen Snippet – Full Federal Court Affirms No CGT Discount on Share Disposal

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Sladen Snippet – Full Federal Court Affirms No CGT Discount on Share Disposal

The Full Federal Court in Hart v FCT affirmed the Federal Court’s decision in Paule v FCT that the capital gains tax (CGT) discount did not apply to the sale of shares owned by a trust.

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Australian trusts, capital gains, and foreign beneficiaries: more controversy, more angst?

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Australian trusts, capital gains, and foreign beneficiaries: more controversy, more angst?

The Australian Taxation Office (ATO) recently released Taxation Determinations TD 2019/D6 and TD 2019/D7 (together the Determinations) that concern Australian discretionary trusts distributing capital gains to foreign beneficiaries.

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Sladen Snippet - Further ATO Guidance on what is love and affection

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Sladen Snippet - Further ATO Guidance on what is love and affection

On 6 February 2019, and as previously reported here, the Australian Taxation Office (ATO) withdrew its longstanding public guidance that a company could forgive a debt for “natural love and affection” under the exception in the commercial debt forgiveness rules (CDF Rules) in Division 245. At that time, the ATO said it is developing guidance on the issue.

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Tax disputes: Part 4 - mitigation of interest and penalties

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Tax disputes: Part 4 - mitigation of interest and penalties

When involved in a dispute with the Australian Taxation Office (ATO), dealing with the interest and penalties that may be imposed by the ATO in relation to a tax liability by seeking remission of those amounts, objecting, or having a reasonably arguable position opinion can be an important part of any dispute resolution strategy.

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Business restructuring and share buy-backs

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Business restructuring and share buy-backs

When a shareholder in a company wishes to leave, and the remaining shareholders are happy for this to occur, basically there are two ways the separation can occur:

·       The remaining shareholders can purchase the shares from the departing shareholder; or

·       The company can buy back its shares.

Part 4: Tax consequences for non-resident beneficiaries of deceased estates

Part 4: Tax consequences for non-resident beneficiaries of deceased estates

Our international tax series considers tax issues for non-resident beneficiaries of Australian trusts and Australian beneficiaries of non-resident trusts. The series considers the tax residency rules and income tax and capital gains tax (CGT) consequences for beneficiaries and trusts alike.

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Tax Disputes: Part 3 - Settlements

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Tax Disputes: Part 3 - Settlements

When involved in a dispute with the Australian Taxation Office (ATO), the possibility of resolving that dispute by way of settlement should always be carefully considered including what approach should be taken in negotiating with the ATO to get the best outcome for taxpayers.

Lost but not forgotten? The ATO’s position on Lost and Stolen Cryptocurrency

Lost but not forgotten? The ATO’s position on Lost and Stolen Cryptocurrency

The anonymity central to the very nature of cryptocurrency means that if access details are misplaced, they are often lost forever. Despite the continual development of new online wallets and marketplaces to acquire, store and transmit cryptocurrency, the potential for theft of cryptocurrency remains.