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NSW foreign surcharges – international tax treaties update – more countries excluded from the regime

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NSW foreign surcharges – international tax treaties update – more countries excluded from the regime

In our previous article, we discuss Revenue NSW’s announcement that it has determined that NSW surcharge purchaser duty and surcharge land tax are inconsistent with international tax treaties entered into by the Australian Federal Government and certain countries (Treaty Countries).

On 29 May 2023, Revenue NSW has updated its list of Treaty Countries to now include India, Japan, Norway and Switzerland.

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Sladen snippet – JMC – right to delegate means no super guarantee

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Sladen snippet – JMC – right to delegate means no super guarantee

The Full Federal Court, in the decision of JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76, has effectively found that a right to delegate (unless such right is a sham) means a person will be a contractor (and not an employee) and won’t be engaged principally for their labour.

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Victorian State Budget 2023/24 – The good, the bad and the ugly

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Victorian State Budget 2023/24 – The good, the bad and the ugly

The Victorian State Budget for the 2023-2024 year (Budget) brings with it a range of state taxation measures aimed at reigning in the Victorian Government’s surging debt, currently projected at $135.4 billion for the 2023-2024 tax year and set to grow to an “eye-watering” $171.4 billion in the 2026-2027

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Sladen Snippet – Williams Part 2 - another SMSF trustee bites the dust

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Sladen Snippet – Williams Part 2 - another SMSF trustee bites the dust

As seen in Part 1 of our article on the case of Williams v Williams, this is the latest of a long line of cases that have found that a binding death benefit nomination (BDBN) was not binding. However, the case also is an important decision in relation to when the Court will remove an SMSF trustee.

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Sladen Snippet – Williams Part 1 - another BDBN bites the dust

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Sladen Snippet – Williams Part 1 - another BDBN bites the dust

In the case of Williams v Williams, the Supreme Court of Queensland has determined that a binding death benefit nomination (BDBN) was not binding on the basis that it was not provided to the trustees of the applicable self managed superannuation fund (SMSF).

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Sladen snippet – employees to be given right to enforce super contributions

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Sladen snippet – employees to be given right to enforce super contributions

One of the anomalies of the super guarantee system is the inability of employees to force employers to make contributions payable under the system. That could soon change, with proposed changes to the Fair Work Act 2009 which would allow employees to force employers to make contributions to avoid the liability to pay the super contribution charge under the Superannuation Guarantee Charge Act 1992 (SG Act)

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Sladen Snippet - Super to be paid on an employee’s payday

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Sladen Snippet - Super to be paid on an employee’s payday

The Government has announced that, from 1 July 2026, employers will obligated to make super contributions at the same time they pay their employee’s their salary and wages (eg weekly, fortnightly or monthly). Currently, super must be made within 28 days of the end of each quarter.