Pioneering thought — Sladen Legal

Daniel Smedley

ATO’s Next 5,000 Audit Program – Our Top 5 Tips for how you can be ready

ATO’s Next 5,000 Audit Program – Our Top 5 Tips for how you can be ready

The ATO has commenced issuing notices for its compliance program focusing on the “Next 5000” private groups in Australia. This article provides our top tips for preparing for an audit and how we can assist you in doing this.

Bitcoin's back - but the ATO never left

Bitcoin's back - but the ATO never left

With news and social media feeds being filled with tales of cryptocurrency (in particular bitcoin) prices fluctuating many taxpayers are making, or considering making, investments. However before jumping in taxpayers should understand that the anonymity that was originally touted as the shining crown of cryptocurrencies is not the invisibility cloak many may think it to be. What does the ATO really know about your cryptocurrency holdings and what do you need to disclose?

COVID and State Taxes: What Victorians need to know in 2021

COVID and State Taxes: What Victorians need to know in 2021

The coronvirus pandemic continues to have an impact on the health of Victorians and the econmy of the State. In recognition the Victorian Government continues to provide a number of state tax and duty relief measures to assist Victorians with the economic impact of the pandemic.

A Guide To Understanding Payroll Tax Part 1: The Basics

A Guide To Understanding Payroll Tax  Part 1: The Basics

Payroll tax is a state and territory tax. It is assessed where total Australian taxable wages paid or payable to employees by an employer exceed specific thresholds. The tax is self-assessed and as such the obligation falls to employers to ensure they are aware of their total wage bill across Australian states and territories and whether those are taxable.

AAT denies deductions for work-related expenses

AAT denies deductions for work-related expenses

AAT denies deductions for work-related expenses: Lambourne v Commissioner of Taxation [2020] AATA 4562

The Administrative Appeals Tribunal (AAT) recently agreed with the Commissioner in disallowing certain deductions for work-related expenses.

Payroll Tax Series – Part 10 – Payroll Tax Grouping

Payroll Tax Series – Part 10 – Payroll Tax Grouping

In this 10th part of our payroll tax series, we explore the grouping provisions contained in the Payroll Tax 2007 (PTA 2007). While we will refer to the Victorian legislation, similar provisions exist in all states and territories due to a harmonisation of the law.

Redundancy Payments - The AAT Rejects the Commissioner's Position on Discretionary Sums Paid to Terminated Employee

Redundancy Payments - The AAT Rejects the Commissioner's Position on Discretionary Sums Paid to Terminated Employee

The AAT has rejected the Federal Commissioner of Taxation’s (Commissioner) view that a discretionary payment received by an employee upon his termination should be taxed as ordinary income. Despite the payment being made upon the termination of the employee the Commissioner argued that it was received in respect of their employment as it was calculated in relation to fees earnt.

Payroll Tax Series – Part 11 - Payroll Tax De-Grouping

Payroll Tax Series – Part 11 - Payroll Tax De-Grouping

In this 11th and final part of our payroll tax series, we explore the payroll tax de-grouping provisions. While we will refer to the Victorian legislation, similar provisions exist in all states and territories due to a harmonisation of the law.

Sladen Snippet - ATO Reminds Crypto Holders of CGT Liabilities

Sladen Snippet - ATO Reminds Crypto Holders of CGT Liabilities

In advancing their continued attention toward the taxation of cryptocurrencies, the Australian Taxation Office (ATO) has published a reminder for taxpayers to ensure they are working out capital gains and losses correctly;

“Stamping” Of Trust Deeds In Victoria

“Stamping” Of Trust Deeds In Victoria

While the application of land transfer (stamp) duty is reasonably straight forward for land transfers such as a purchase of property under a contract of sale, the application of duty in relation to declarations of trust can be complicated.

State tax COVID-19 reliefs 2.0

State tax COVID-19 reliefs 2.0

In April 2020 we reported on Land Tax and Payroll Tax measures state and territory revenue offices made in response to the COVID-19 pandemic. As the ramifications of COVID-19 continue to affect Australians, these measures have since been extended and new measures announced.

Sladen Snippet - Chadbourne – Administrative Appeals Tribunal disallows tax deductions for interest on loans

Sladen Snippet - Chadbourne – Administrative Appeals Tribunal disallows tax deductions for interest on loans

In Chadbourne v FC of T [2020] AATA 2441 (Chadbourne) the Administrative Appeals Tribunal (AAT) held that a beneficiary (Taxpayer) of a discretionary trust (Trust) was unable to deduct interest on borrowed funds where the funds borrowed in the Taxpayer’s name were used by the Trust to buy real property and shares.

Managing Tax and Revenue Office Audits During COVID-19

Managing Tax and Revenue Office Audits During COVID-19

As the impact of COVID-19 continues to be felt across Australia, federal and state governments continue to take measures to stimulate the economy and provide financial assistance to taxpayers.

Trusts and the franking credits trap: can we fix it?

Trusts and the franking credits trap: can we fix it?

Beneficiaries of a unit trust may only claim franking credits if they are a “qualified person” in relation to the franked dividend. In order to be a qualified person the taxpayer must satisfy both the related payments rule and the holding period rule.

Sladen Snippet - ATO withdraws practical compliance guideline on payments for use and exploitation of a professional sportsperson’s “public fame” or “image”

Sladen Snippet - ATO withdraws practical compliance guideline on payments for use and exploitation of a professional sportsperson’s “public fame” or “image”

In 2017, the Australian Taxation Office (ATO) released Draft Practical Compliance Guideline PCG 2017/D11 (the PCG) to provide safe harbour measures for professional sportsperson’s who receive lump sum payments in exchange for their professional services and the use and exploitation of their “public fame” or “image”.

Sladen Snippet: Additional Tax Relief Announced by the Victorian Government

Sladen Snippet: Additional Tax Relief Announced by the Victorian Government

The Victorian Treasurer Tim Pallas announced on 5 May 2020 that the Victorian Government will provide additional tax relief to businesses suffering as a result of COVID-19. The measures, which bring the Government’s economic survival and job package cost to $1.7billion include: