Changing directors: landholder duty trigger
Debt deduction creation rules – coming to a private group near you
Sladen Legal’s Tax Practice Recognised In Doyles Guide Victoria 2024
Sladen Snippet - PBR determines that death benefit to a spouse’s estate is not tax free
Is the payment of a death benefit to a spouse’s estate tax free? The Australian Taxation Office (ATO) has released a Private Binding Ruling 1052273158502 (PBR) in which it determined that it was not under section 302-10(2) of the Income Tax Assessment Act 1997 (ITAA 97).
Sladen Snippet - Private Wealth Advisor Program: advisors beware – you are on the ATO’s watch list
Rollovers - practical strategy and compliance insights
In the current economic landscape, business owners may be considering a restructure, merger, or demerger to adapt, survive, or enable growth. A change in the structure of a business typically involves either the transfer of ownership interests in the entire business or of specific assets of the business. The disposal of an ownership interest in a business or its assets may trigger tax consequences for the business or business owners on capital or revenue account.
Uber not liable for payroll tax – New South Wales Supreme Court decision
The New South Wales Supreme Court has that Uber is not liable for payroll tax on payments made to drivers in Uber Australia Pty Ltd v Chief Commissioner of State Revenue [2024] NSWSC 1124.
Sladen Snippet - New Victorian Short Stay Levy Bill 2024 introduced into Parliament
Sladen Snippet - PCG 2024/D2 - PSI and Part IVA
On 28 August 2024, the Australian Taxation Office (ATO) published Draft Practical Compliance Guideline PCG 2024/D2 (Draft PCG) on Personal services businesses and Part IVA of the Income Tax Assessment Act 1936.
Imbree Appeal - NSW taxpayer denied stamp duty exemption for transfer from SMSF to member
Oliver Hume Appeal - Victorian Landholder Duty Applies on Capital Raising
On 8 August 2024, the Victorian Court of Appeal in Oliver Hume Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue [2024] VSCA 175 confirmed that landholder duty applied on the separate acquisition of shares by 18 investors under a single capital raising. The Court held that that capital raising amounted to substantially one arrangement and therefore was a relevant acquisition for landholder duty purposes.
Sladen Snippet: Armidale Jockey Club - Racing clubs “clearance house” liable to pay superannuation guarantee to jockeys
This Decision of the Administrative Appeals Tribunal (AAT) is a series of decisions against five jockey racing clubs brought by the Australian Taxation Office (ATO) regarding whether the racing clubs must pay super contributions on behalf of jockeys under the Superannuation Guarantee (Administration) Act 1992 (SG Act).
Section 99B – TD 2024/D2 – you can’t always get what you need
Tao - Becoming a sole director of a corporate trustee triggers landholder duty despite no acquisition of units in a unit trust
Session 4: Trusts and small business CGT concessions – Oil and water or peas and carrots?
The small business capital gains tax (CGT) concessions (Concessions) in Division 152 of the Income Tax Assessment Act 1997 (ITAA 97) offer significant opportunities to reduce or eliminate tax levied on capital gains.1 However, despite a recent judicial pronouncement that the Concessions should be interpreted beneficially,2 the legislative conditions for relief are intricate and complex.
Sladen Snippet - Federal Court affirms Trustees in Bankruptcy are liable for capital gains tax on property dispositions
Water Pipeline Subject To Duty As “Goods” For The Purpose Of The New South Wales Landholder Duty Provisions in Conexa Syndey Holdings
On 24 May 2024 the New South Wales Supreme Court held that landholder duty applied to value of a water carrying pipeline in Conexa Sydney Holdings Pty Ltd v Chief Commissioner of State Revenue (2024] NSWSC 628.
