, , , ,

Disputed Debts with the ATO – teamwork makes the dream work?

, , , ,
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

, , , ,
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?

, , ,
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?

, ,

AAT strikes a blow against the ATO’s NALI crusade

, ,
AAT strikes a blow against the ATO’s NALI crusade

The ATO has taken an aggressive approach on non-arm’s length income (NALI) for a number of years now, both in its public documents and via its audit teams. This has culminated in an approach that puts a high expectation on SMSF’s in relation to proving arrangements are on an arm’s length basis – in particular, in relation to benchmarking such arrangements.

, , ,

BBlood v FCT: section 100A, more guidance on tax avoidance purpose

, , ,
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.

 

, ,

Sladen Snippet – ATO issues a draft legislative instrument to ensue directors (and politicians) can make personal deductible contributions

, ,
Sladen Snippet – ATO issues a draft legislative instrument to ensue directors (and politicians) can make personal deductible contributions

As a result of recent changes to the work test, a technical deficiency was identified, such that, persons who are not common law employees, like directors and politicians, could no longer make personal deductible superannuation contributions.

, , ,

Guardian AIT: 100A or ATO’s Part IVA angel in disguise?

, , ,
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).

, , , ,

TR 2022/3: personal services income: key changes from draft ruling TR 2021/D2

, , , ,
TR 2022/3: personal services income: key changes from draft ruling TR 2021/D2

On 23 November 2022, the Australian Tax Office (ATO) released Taxation Ruling TR 2022/3, finalising its views on personal services income (PSI) and personal services businesses (PSB).

, , ,

Bosanac: presumption of resulting trust v presumption of advancement: High Court tells both to sit down

, , ,
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.

, , ,

Section 100A: if you want BBlood, you’ve got it: 100A and capital amounts

, , ,
Section 100A: if you want BBlood, you’ve got it: 100A and capital amounts

On 19 September 2022, Justice Thawley of the Federal Court handed down his decision in BBlood Enterprises Pty Ltd v FCT [2022] FCA 1112 (BBlood), the most recent decision on section 100A of the Income Tax Assessment Act 1936. The Australian Taxation Office (ATO) was successful in arguing that section 100A applied.