TD 2021/5: ATO guidance on receiver’s obligation to retain money for post-appointment tax liabilities
Section 254 of the Income Tax Assessment Act 1936 sets out the obligations, liabilities and rights of agents and trustees. An agent or trustee is answerable as taxpayer for things required to be done by the tax Acts in respect of income, or any profits or gains of a capital nature, derived by the agent or trustee in his/her representative capacity or derived by the principal by virtue of the agency.
Employee Share Schemes - Budget changes should boost participation
Attracting and retaining high performing employees can be key to ensuring the long-term success and growth of a business – a significant challenge for many Australian businesses navigating through COVID-19. Implementing an employee share scheme (ESS) or incentive plan can be an effective means by which businesses can attract, motivate, and retain valued employees.
2021 Victorian State Budget - Prepare for tax increases
The Victorian State Budget for the 2021-2022 year brings with it particularly broad-ranging state taxation measures that will impact a diverse cross-section of the Victorian community. The changes include increased land tax and transfer (stamp) duty rates as well as new tax measures such as the windfall gain tax on rezoned land and a mental health and wellbeing levy (payroll tax surcharge).
The Top Three Key Cross-Border Tax Issues In The Estate Plan
Federal Budget 2021-22: The Tax Changes You Need to Know
Onus of proof: asset betterment case sent back to the AAT
Part IVC of the Taxation Administration Act 1953 gives taxpayers statutory avenues to argue, in the Administrative Appeals Tribunal (AAT) or Federal Court, that the substantive liability imposed by an assessment is excessive through a review or appeal of an objection decision. Where an assessment is found to be excessive, the Commissioner must amend the assessment.
When a declaration of trust is dutiable: part 1
Razzy Part 3 – what is ‘in connection with’ ceasing to be a member of a super fund for the section 40 duty exemption?
This final part of our 3 part series on the decision of Razzy Australia Pty Ltd & Anor v Commissioner of State Revenue [2021] VSC 124 looks at the requirement under the super fund to super fund duty exemption (as contained in section 40 of the Duties Act 2000 (Vic) (Act)) that a person ceases to be a member of a complying superannuation
Razzy Part 2 – Does the super fund to super fund duty exemption apply to the redemption of units?
In this part 2 of our series on the decision of Razzy Australia Pty Ltd & Anor v Commissioner of State Revenue [2021] VSC 124 we look at whether the exemption in section 40 of the Duties Act 2000 (Vic) (Act) includes transactions other than transfers.
Razzy Part 1 – Are exempt transfers aggregated for landholder duty?
The recent Supreme Court of Victoria decision of Razzy Australia Pty Ltd & Anor v Commissioner of State Revenue [2021] VSC 124 is a seminal decision as it provides much sought clarification on the application of various aspects of Chapter 3 of the Duties Act 2000 (Vic) (Act)
Sladen Snippet – Addy – Backpacker Tax case goes to High Court
We have previously discussed the Full Federal Court decision in Addy v FCT [2020] FCAFC 135 here. In this case, the court held that Ms Addy, a working holiday maker, was not entitled to benefit from the tax-free threshold as she was not an Australian tax resident. The so-called ‘backpacker tax’.
TR 2021/D2 – new ATO guidance on the PSI rules including the application of Part IVA
On 11 March 2021, the Australian Taxation Office (ATO) released Draft Taxation Ruling TR 2021/D2 on the operation of personal services income (PSI) rules and the personal services business (PSB) tests.
How to approach business structures and restructures in 2021
Documentary protocols and disclaimers
Sladen Snippet - Rural land leased to tenant found not to be used for primary production and subject to land tax
Sladen Snippet - Khan: self-education expenses not deductible
ZBFF v FCT: can an agreement to remit sale proceeds reduce a capital gain?
Allocation of professional firm profits – the ATO moves the goalposts!
On 1 March 2021, the Australian Taxation Office (ATO) released Draft Practical Compliance Guideline PCG 2021/D2 Allocation of professional firm profits – ATO compliance approach (Draft PCG) that sets out the ATO’s proposed compliance approach to the allocation of profits by professional firms.
Sladen Snippet – Small business CGT Concessions: Is your business primarily deriving rent?
The Australian Taxation Office (ATO) has issued Taxation Determination TD 2021/2 that contains the ATO view that companies which carry on a business will be unable to benefit from the small business capital gains tax (CGT) concessions if the relevant asset is mainly used to derive rent (TD 2021/2 was issued as Draft TD 2019/D4 that we discussed here).