Early-April 2025 – Tax Update
This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry up to early April. This update in summary covers: 4 year Imprisonment for Taxpayer who obtained $2.4m in GST refunds; Denial of Primary Production Exemption [...]
End of March Weekly Tax Update
This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry up to late-March. This update in summary covers: The revised commencement dates for the 2024-25 Budget measure Strengthening the foreign resident capital gains tax regime [...]
Landmine Div 7A decision for Commissioner – FCT v Bendel 2025 FCAF 15 (31 March 2025 – Backfire for Commissioner – Section 109D Div 7A attack on Corporate Beneficiaries fails and causes Commissioner other problems)
The Full Federal Court, in Bendel, has confirmed the earlier AAT appeal decision in favour of the taxpayer in a landmark decision on Division 7A, causing a series of landmines for the Commissioner in respect of his past interpretations on Div 7A ITAA 36 in [...]
Mixed Use Land for Primary Production? Whether Mixed Use Land is Exempt from Stamp Duty
In Wylarah Pastoral Co Pty Ltd ATF Tallong Family Trust v Chief Commissioner of State Revenue [2024] NSWCATAD 366, the NSW Civil and Administrative Tribunal (“the Tribunal”) found that a rural property which had mixed uses did not qualify for the primary production exemption in [...]
Mid-March 2025 – Tax Update
This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry up to mid-March. This update in summary covers: The ATO’s taxpayer alert in regard to restructuring trusts to access the MIT Withholding Regime New Taxation [...]
Common Employee or not? When grouping provisions do not apply
It is a common misconception that only related entities may be grouped under the Payroll Tax Provisions. However, this is often not the case as many of our matters have consisted of several unrelated SMEs being grouped despite having no connection with each other. We [...]
Vacant Residential Land Tax Exemptions and Significant Amendments to Holiday Home Exemption – Do not Buy your New Holiday House in a Family Trust
On the 3rd December 2024, the State Taxation Further Amendment Act 2024 (‘Amending Act’) introduced significant changes to several taxes, foremost of which include the exemptions in the vacant residential land tax (‘VRLT’) (which take effect 1 January 2025) with the addition of companies and [...]
Vacant Residential Land Tax Expansion and Key Changes for Property Owners in Victoria Starting January 2025
Owners of vacant properties outside of inner/middle Melbourne ought to know of an expansion to the Vacant Residential Land Tax (“VRLT”) starting from 1 January 2025. Starting next year, properties which are left unoccupied for more than 6 months for the preceding year in which [...]
Contract Nomination Exercise – Unpacking the Double Duty Trap – Inherent Risks in Land Developments and Additional Consideration for Property Transactions in Victoria
A common issue our taxation team encounters in relation to a property transaction is the imposition of double stamp duty on purchasers. This occurs as a result of a second sale of land to a subsequent purchaser, often referred to as the nominee. As a [...]
Uber’s Legal Lift: Tax Assessments Take a Backseat – Uber Successful in Challenging SRO’s Payroll Tax Assessment of $81m
On Friday, 6 September 2024, The Supreme Court of NSW ruled in favour of Uber in Uber Australia Pty Ltd v Chief Commissioner of State Revenue [2024] NSWSC 1124. Chief Justice Hammerschlag ruled that Uber’s objection to six payroll tax assessments amounting to $81,515,923 from [...]