Lawyers & Trademark Attorneys
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Separating Business And Personal Property, And The Application Of The CGT Roll-Overs

Business owners who undertake arrangements to separate their business and personal assets may be able to avail themselves of CGT roll-overs to disregard or defer the capital gains tax that would otherwise arise. Previously, CGT relief was available if the business owner transferred th
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Sham Loans

Sham Loans The Commissioner of Taxation in two recent tax cases (Millar[1] and Normandy Finance[2]) and Liquidators in BCI Finances[3] (supported by the Commissioner of Taxation), have had success in alleging certain loans were shams. This had the effect that in the tax cases, that th
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Land banking and primary production exemption from land tax – are they mutually exclusive?

At first thought, ‘land banking’ and primary production exemption from land tax would appear to be mutually exclusive. A landowner’s intention when land banking is to profit from future sale of its land, which is significantly different to the intention of a landowner that uses its la
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If you don’t tell your client to get tax advice, you may be found negligent

Lawyers and advisors who don’t advise their clients to obtain tax advice may be found liable for professional negligence. This is what happened in Ralston v Jurisich [2017] NSWCA 63. In that case, a lawyer’s failure to advise his client on the tax consequences of a share buy-back agre
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Navigating out of the ‘valley of death’ with the aid of ESIC funding

Have you considered investing in an Early Stage Innovation Company (ESIC)? Investing in an ESIC can sound in a reduction in your overall tax bill provided the relevant statutory requirements are met. The tax breaks arising on investments in ESICs, which were introduced last year, are
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Are You Being Genuine? Small Business Roll-Over Relief For “Genuine” Restructures

Under the Small Business Restructure Roll-over (Div 328-G) , which was introduced to much fanfare last year, small business owners are allowed to change the legal structure of their businesses without incurring a capital gains tax liability to a trust, provided that the economic owner
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Australian Tax Residence for Companies Revisited by High Court after 43 years

For the first time in 43 years, Australia’s ultimate appeal court (the High Court of Australia) has decided a case on the issue of “central management and control” of certain foreign incorporated companies: Bywater Investments Limited v FC of T; Hwa Wang Bank Ltd v FC of T [2016] HCA
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Australian Diverted Profits Tax (“DPT”)

Australia has followed the UK path of pre-empting the implementation of the OECD’s Base Erosion and Profit Shifting (BEPS) final reports dated 5 October 2015 which deals with international tax avoidance alleged against by the likes of Google and Amazon. The UK introduced its Diverted
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Increasing use of tax-transparent entities by private groups due to BEPS

Abstract: To date, the effect of the base erosion and profit shifting (BEPS) project is that Australian-owned private companies whose business could be affected by ecommerce are largely able to avoid high rates of foreign taxation. This allows significant deferral of Australian tax li
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Tax Residence of Individuals & Companies

PRÉCIS In the last few years the tax residence of companies and individuals has been challenged by the ATO resulting in a large number of reported decisions. Those decisions are considered, as is the resident status of trusts, and the characterisation of civil law entities as either c
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