Pioneering thought — Sladen Legal

Daniel Smedley

Crypto Asset Reform to Commence – is Australian DAO Regulation Next?

Crypto Asset Reform to Commence – is Australian DAO Regulation Next?

In a joint media statement on 22 August 2022, The Hon Stephen Jones MP, Assistant Treasurer, Minister for Financial Services and The Hon Dr Andrew Leigh MP, Assistant Minister for Competition, Charities and Treasury confirmed that the Government is to commence consultation on a framework for the regulation of crypto assets.

Draft legislation released clarifying crypto is not foreign currency for tax purposes

Draft legislation released clarifying crypto is not foreign currency for tax purposes

In the absence of a comprehensive definition of ‘foreign currency’ in the Australian tax legislation the ATO and Australian courts have interpreted ‘foreign currency’ to be currency issued or recognised by an overseas sovereign state.

Treasurer Confirms - Cryptocurrency Not treated as foreign currency

Treasurer Confirms - Cryptocurrency Not treated as foreign currency

In the absence of a comprehensive definition of ‘foreign currency’ in the Australia tax legislation the ATO and Australian courts have interpreted ‘foreign currency’ to be currency issued or recognised by an overseas sovereign state.

Is Cryptocurrency a Foreign Currency for Tax Purposes?

Is Cryptocurrency a Foreign Currency for Tax Purposes?

Taxpayers using cryptocurrency in their businesses, including as a means of paying expenses such as staff or contractors or as a means of deriving income through investments, mining or trading, is becoming more common. After a particularly volatile year for the values of cryptocurrency many taxpayers may have significant gains or losses associated with their cryptocurrency transactions.

Tribunal decision shows the difficulty of satisfying the primary production land tax exemption for farm land that is leased

Tribunal decision shows the difficulty of satisfying the primary production land tax exemption for farm land that is leased

The primary production land tax exemption remains an important concession for farmers and the owners of farm land. The Civil and Administrative Tribunal of New South Wales has added to the list of recent land tax cases offering insight into the application of the primary production land tax exemption.

A Guide to Understanding Land Tax: Part 3 – Foreign (Absentee Owner) surcharge and the vacant residential land tax surcharge

A Guide to Understanding Land Tax: Part 3 – Foreign (Absentee Owner) surcharge and the vacant residential land tax surcharge

As discussed in Part 1 and Part 2 of this series, land tax is a state and territory tax levied on the total taxable value of land held by taxpayers in particular jurisdictions. In the case of foreign owners who are deemed to be absent from their properties, additional land tax may be levied on the taxable value of such properties. In Victoria, the foreign person land tax surcharge is known as the absentee owner surcharge regime.

A Guide to Understanding Land Tax: Part 5 Valuations

A Guide to Understanding Land Tax: Part 5 Valuations

As discussed in this Land Tax Series, land tax is a state and territory tax levied on the total taxable value of land held by taxpayers in particular jurisdictions. Land tax is assessed on a calendar year basis on the land you own at midnight on 31 December.

Use of Shareholder Agreements in Succession Planning

Use of Shareholder Agreements in Succession Planning

This paper explores the role of shareholder agreements in assisting with achieving estate and succession planning objectives for wealthy families.

A Guide to Understanding Land Tax: Part 7 - Primary Production Exemption

A Guide to Understanding Land Tax: Part 7 - Primary Production Exemption

This is part 7 of our Land Tax Series which aims to deconstruct the various aspects of the complex land tax legislation.

A Guide to Understanding Land Tax: Part 9 – Objections

A Guide to Understanding Land Tax: Part 9 – Objections

To recap: land tax is a state and territory tax levied on the total taxable value of land held by taxpayers in particular jurisdictions. Land tax is assessed on a calendar year basis on the land you own at midnight on 31 December.

Faster Tax Write Offs For Intangible Depreciating Assets – Should You Self Assess?

Faster Tax Write Offs For Intangible Depreciating Assets – Should You Self Assess?

After 30 June each year taxpayer’s minds often turn to which expenses incurred during the year can be deducted. For taxpayers who have invested in intangible depreciating assets, announcements made as part of the Federal Budget announcements in May 2021 may come to mind.

Cryptocurrency Update: What are the Tax Implications of Staking Rewards and Airdrops?

Cryptocurrency Update: What are the Tax Implications of Staking Rewards and Airdrops?

As the public and Australian Taxation Office’s (ATO) interest in cryptocurrency continues to increase further guidance has been released by the ATO in relation to the tax treatment of staking rewards and airdrops.

Employee Share Schemes - Budget changes should boost participation

Employee Share Schemes - Budget changes should boost participation

Attracting and retaining high performing employees can be key to ensuring the long-term success and growth of a business – a significant challenge for many Australian businesses navigating through COVID-19. Implementing an employee share scheme (ESS) or incentive plan can be an effective means by which businesses can attract, motivate, and retain valued employees.

Payroll Tax Update: Commissioner’s Appeal to the High Court Denied, A Win for Taxpayers

Payroll Tax Update: Commissioner’s Appeal to the High Court Denied, A Win for Taxpayers

The NSW Chief Commissioner of State Revenue’s (Commissioner) application to the High Court for special leave to appeal the NSW Court of Appeal’s decision in Chief Commissioner of State Revenue v Downer EDI Engineering Pty Ltd [2020] NSWCA 126 has been denied, the High Court finding the appeal “would have insufficient prospects of success”.