NSW foreign surcharges – international tax treaties update – more countries excluded from the regime
In our previous article, we discuss Revenue NSW’s announcement that it has determined that NSW surcharge purchaser duty and surcharge land tax are inconsistent with international tax treaties entered into by the Australian Federal Government and certain countries (Treaty Countries).
On 29 May 2023, Revenue NSW has updated its list of Treaty Countries to now include India, Japan, Norway and Switzerland.
Sladen snippet – JMC – right to delegate means no super guarantee
The Full Federal Court, in the decision of JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76, has effectively found that a right to delegate (unless such right is a sham) means a person will be a contractor (and not an employee) and won’t be engaged principally for their labour.
Victorian State Budget 2023/24 – The good, the bad and the ugly
The Victorian State Budget for the 2023-2024 year (Budget) brings with it a range of state taxation measures aimed at reigning in the Victorian Government’s surging debt, currently projected at $135.4 billion for the 2023-2024 tax year and set to grow to an “eye-watering” $171.4 billion in the 2026-2027
Managing Invalid Distributions
Sladen Snippet – Williams Part 2 - another SMSF trustee bites the dust
As seen in Part 1 of our article on the case of Williams v Williams, this is the latest of a long line of cases that have found that a binding death benefit nomination (BDBN) was not binding. However, the case also is an important decision in relation to when the Court will remove an SMSF trustee.
Sladen Snippet – Williams Part 1 - another BDBN bites the dust
In the case of Williams v Williams, the Supreme Court of Queensland has determined that a binding death benefit nomination (BDBN) was not binding on the basis that it was not provided to the trustees of the applicable self managed superannuation fund (SMSF).
Sladen snippet – employees to be given right to enforce super contributions
One of the anomalies of the super guarantee system is the inability of employees to force employers to make contributions payable under the system. That could soon change, with proposed changes to the Fair Work Act 2009 which would allow employees to force employers to make contributions to avoid the liability to pay the super contribution charge under the Superannuation Guarantee Charge Act 1992 (SG Act)
Sladen Snippet - Super to be paid on an employee’s payday
The Government has announced that, from 1 July 2026, employers will obligated to make super contributions at the same time they pay their employee’s their salary and wages (eg weekly, fortnightly or monthly). Currently, super must be made within 28 days of the end of each quarter.
2023 VIC Tax Forum Family trust elections, trust losses, and family change
Sladen Snippet – ATO issues a draft legislative instrument to ensue directors (and politicians) can make personal deductible contributions
Sladen Legal Property Team Recognised in Doyles Guide Victoria 2023
Sladen Snippet - Jamsek – truck driver partnerships not eligible for super guarantee
The Full Federal Court has confirmed in Jamsek v ZG Operations Australia Pty Ltd (No 3) [2023] FCAFC 48 that a truck driver partnership was not eligible for super guarantee contributions. The decision is an important decision in relation the application to super guarantee in relation to contractors and, in particular, partnerships and other entities.
Challenge to routine requirements for shiftworkers to work on public holidays upheld
The Full Court of the Federal Court has recently held that a roster for 24/7 shiftworkers which included public holidays contravened sections 114(1) and 44 of the Fair Work Act 2009. Click on the link below to download our full summary.
Thomas & Naaz – Payments To Doctors Subject To Payroll Tax
The New South Wales Court of Appeal (NSWCA) in Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 has dismissed a medical practice’s appeal and upheld the New South Wales Civil and Administrative Tribunal Appeal Panel’s (Appeal Panel) decision that payments from a medical practice to doctors, who worked at the practice, are subject to payroll tax.
Sladen Legal Lawyers Recognised as Best Lawyers® Award Recipients
This year seven of Sladen Legal’s lawyers have been recognised in the 2024 edition of The Best Lawyers® in Australia. Daniel Smedley, Bernie O’Sullivan, Phil Broderick, Rob Jeremiah, Neil Brydges, Victor Di Felice, and Edward Skilton. The list of exceptional legal professionals was announced on 20 April 2023.
The Deceased Estate: Who Pays The Tax
Bosanac: presumption of advancement
Sick Pay Guarantee scheme: where to next?
Death And Incapacity And The SMSF: Who Steps In To Call The Shots?
The general requirement of an self managed superannuation fund (SMSF) is that all members must be trustees of the SMSF or directors of the SMSF corporate trustee. As such, putting aside disputes between trustees/directors, generally members are making the decisions about their benefits and the assets of the SMSF.