As discussed here, one of the key superannuation announcements in the May 2021 budget was the removal of the minimum $450 threshold for super guarantee purposes.

Both federal and state tax legislations contain different tax rules for different forms of trusts. The recent Victorian Civil and Administrative Tribunal (Tribunal) decision of Sharlin Pty Ltd v Commissioner of State Revenue (Review and Regulation) [2022] VCAT 378 has provided much-needed clarity and insights into relevant considerations to determine whether a hybrid unit trust is a unit trust or a discretionary trust for the purpose of the land tax exemption for primary production land (PPL).

The 2022-2023 Victorian State Budget was delivered by the Victorian Government on 3 May 2022.

The NSW Supreme Court’s (NSWSC) decision in Godolphin Australia Pty Ltd v Chief Commissioner of State Revenue [2022] NSWSC 430 (Godolphin Case) is instructive as it provides guidance into the ambit and scope of the land tax primary production exemption particularly in relation to the breeding of horses.

ake super guarantee contributions on time is not a breach of the super laws, but it will trigger tax for the employer, and potentially penalties.

Does context and purpose narrow the reach of s 100A of the Income Tax Assessment Act 1936?

Sladen Legal’s Bernie O’Sullivan, Daniel Smedley, Victor Di Felice, Phil Broderick, Robert Jeremiah and Neil Brydges have received recognition in the Best Lawyers® in Australia 2023 Edition.

The oft-debated question as to whether the development, subdivision and sale of land constitutes the mere realisation of a capital asset in an enterprising way has once again been considered in the Administrative Appeals Tribunal (AAT) case of Ian Mark Collins & Mieneke Mianno Collins ATF The Collins Retirement Fund and Commissioner of Taxation (Taxation) [2022] AATA 628 (Collins)

We wrote that 2022 is the ‘Year of 100A’ after the Australian Taxation Office (ATO) released three guidance products, two in draft, on section 100A and the ATO’s appeal to the Full Federal Court from the decision of Logan J in Guardian AIT Pty Ltd ATF Australian Investment Trust v FCT [2021] FCA 1619 on section 100A.

Congratulations to Sladen Legal Principal, Victor Di Felice, who has been has been identified by clients and peers for his expertise and abilities as Recommended in Doyle's Guide's Leading Real Estate Property Lawyers - Victoria, 2022.

In one sense, the High Court judgment in FCT v Carter [2022] HCA 10 (Carter) will come as welcome relief for tax advisors. That is, after dealing with the Australian Taxation Office’s (ATO) view of the ‘lore’ in the form of practical compliance guidelines, Carter turns minds back to the ‘law.’ Unfortunately, the law in Carter can result in unpleasant tax outcomes for certain trust beneficiaries.

Quoting Winston Churchill, we said that the Federal Court decision in Guardian AIT Pty Ltd ATF Australian Investment Trust v FCT [2021] FCA 1619 (Guardian AIT) concerning section 100A of the Income Tax Assessment Act 1936 is perhaps the “end of the beginning” of what may become increased clarity on the judicial and administrative approach to that section.

We considered the Australian Taxation Office’s (ATO) recently released guidance on section 100A here and here. Those documents give the clearest public indication to how the ATO interprets section 100A of the Income Tax Assessment Act 1936 (ITAA 1936).

After our semi-serious opening statement on the Australian Taxation Office’s (ATO) recently released guidance on section 100A and unpaid present entitlements, this is one of a series of deep-dive articles on that guidance.

The question of when a taxpayer holds shares or any other investment on capital account or revenue account is fundamental in determining whether gains from the investment are capital in nature or ordinary income.

After our semi-serious opening statement on the Australian Taxation Office’s (ATO) recently released guidance on section 100A and unpaid present entitlements, this is one of a series of deep-dive articles on that guidance. These articles look at each of the ATO guidance products separately and then we discuss what the overall impact may be.

After our semi-serious opening statement on the Australian Taxation Office’s (ATO) recently released guidance on section 100A and unpaid present entitlements, this is one of a series of deep-dive articles on that guidance. These articles look at each of the ATO guidance products separately and then we discuss what the overall impact may be.

Every destination on the Internet – whether it be a news site, blog, online store or business portal – has a unique address, and that address falls under a domain name.

Amongst all the furore about the Australian Taxation Office’s (ATO) draft guidance on section 100A, on 23 February 2022, the ATO also issued draft guidance on determining when expenses incurred in establishing and administering an employee share scheme (ESS) are deductible.

What is land tax

Land tax is a state and territory tax. It is an annual tax that is levied by the state authorities of each state and territory based on the total taxable value of land held in the particular jurisdiction.