Sladen Legal Property Team Recognised in Doyles Guide Victoria 2023
Sladen Snippet - Jamsek – truck driver partnerships not eligible for super guarantee
The Full Federal Court has confirmed in Jamsek v ZG Operations Australia Pty Ltd (No 3) [2023] FCAFC 48 that a truck driver partnership was not eligible for super guarantee contributions. The decision is an important decision in relation the application to super guarantee in relation to contractors and, in particular, partnerships and other entities.
Challenge to routine requirements for shiftworkers to work on public holidays upheld
The Full Court of the Federal Court has recently held that a roster for 24/7 shiftworkers which included public holidays contravened sections 114(1) and 44 of the Fair Work Act 2009. Click on the link below to download our full summary.
Thomas & Naaz – Payments To Doctors Subject To Payroll Tax
The New South Wales Court of Appeal (NSWCA) in Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 has dismissed a medical practice’s appeal and upheld the New South Wales Civil and Administrative Tribunal Appeal Panel’s (Appeal Panel) decision that payments from a medical practice to doctors, who worked at the practice, are subject to payroll tax.
Sladen Legal Lawyers Recognised as Best Lawyers® Award Recipients
This year seven of Sladen Legal’s lawyers have been recognised in the 2024 edition of The Best Lawyers® in Australia. Daniel Smedley, Bernie O’Sullivan, Phil Broderick, Rob Jeremiah, Neil Brydges, Victor Di Felice, and Edward Skilton. The list of exceptional legal professionals was announced on 20 April 2023.
The Deceased Estate: Who Pays The Tax
Bosanac: presumption of advancement
Sick Pay Guarantee scheme: where to next?
Death And Incapacity And The SMSF: Who Steps In To Call The Shots?
The general requirement of an self managed superannuation fund (SMSF) is that all members must be trustees of the SMSF or directors of the SMSF corporate trustee. As such, putting aside disputes between trustees/directors, generally members are making the decisions about their benefits and the assets of the SMSF.
Division 7A: Managing Unpaid Present Entitlements
Treasury releases information sheet on “30% tax” on $3m+ super balances
Treasury has released an information sheet on how the new “30% tax rate” for super balances over $3 million will work.
Digital Assets And SMSFs – BEE Alert Or BEE Alarmed?
According to the ATO’s March 2022 statistical data (see here), the total value of crypto assets held by SMSFs was $220 million. That is less than 0.03% of all SMSF investments. The number of SMSFs that held crypto assets was 3,345 SMSFs being 0.6% of SMSFs.
NSW Government determines that surcharge purchaser duty and surcharge land tax is inconsistent with international tax treaties
On 21 February 2023 Revenue NSW announced that it has been determined that NSW surcharge purchaser duty and surcharge land tax (Surcharge Provisions) are inconsistent with international tax treaties entered into by the Australian Federal Government with New Zealand, Finland, Germany, and South Africa (Treaty Countries).
Windfall Gains Tax Deductions Shelved
The introduction of windfall gains tax under the Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021 (Vic) (Act) has been highly controversial from the outset due to real concerns as to whether the tax truly captures a purported “windfall” by landowners who rezone land in Victoria and its punitive tax rate of 50% of such gains.
Back To Basics: With Flexibility Can Come Complications: The Use Of Trusts
Paid Family and Domestic Violence Leave Entitlement Comes into Force
Recently, the paid family and domestic violence leave entitlement provisions in the Fair Work Act 2009 came into force. This new entitlement is available to nearly all employees in Australia and imposes new obligations on employers. So, what is the new entitlement and what do employers need to do when they are faced with a request to take the leave? We provide the answers in our Employment Law team’s most recent article.
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).
Treasury proposes NALI tax rate of 225%
After industry pushback against the disproportionate application of the non-arm’s length income (NALI) and non-arm’s length expenses (NALE) rules, Treasury has a released a discussion paper to modify the application of the NALI/NALE rules.
Vicinity Funds – Choice of forum for state taxes matters - Supreme Court vs VCAT
The High Court of Australia has dismissed the special leave application by the taxpayer, Vicinity Funds Re Ltd (Taxpayer) to appeal from a decision of the Court of Appeal of the Supreme Court of Victoria (Court of Appeal).