Insights

Dividend franking - current year profits and accumulated losses

On 21 June, the Australian Tax Office (ATO) issued two draft 'fact sheets' relating to the taxation of the payment of dividends. This follows amendments to section 254T of the Corporations Act...

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Improving the taxation of trust income - release of discussion paper

On 4 March 2011, the Australian Government released a discussion paper on Improving the taxation of trust income (Discussion Paper). This followed the announcement by the Assistant Treasurer on...

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Taxation determinations on private equity investments

The Australian Taxation Office (ATO) issued on 1 December 2010 2 final Taxation Determinations (TD2010/20 and TD2010/21) and 2 draft Taxation Determinations (TD2010/D7 and TD2010/D8) concerning the...

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When the ATO attacks corporate transactions - some recent Part IVA cases

A number of Federal Court and the Full Federal Court (FFC) decisions were handed down in 2010 which deal with the application of the general anti avoidance provision in Part IVA of the Income Tax...

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Legal professional privilege for in-house counsel

On 1 September 2010, the Federal Court of Australia (Katzmann J) handed down a decision in Dye v Commonwealth Securities Limited (No 5) [2010] FCA 950 (Dye). The Court in Dye reviewed the decision...

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Indirect tax sharing agreements

On 28 June 2010 Tax Laws Amendment (2010 GST Administration Measures No. 2) Act 2010 (Cth) (the Act) was given Royal Assent. The Act establishes the legislative framework for entities which are...

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Australia's tax information and exchange agreement

Australia, together with other members of the Organisation for Economic Co-operation and Development (OECD), has entered into Tax Information and Exchange Agreements (TIEAs) with a number of...

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New Australia - NZ double tax agreement

The International Tax Agreements Act (No. 1) 2010 (Cth) has enacted into Australian domestic law Australia...s new Double Tax Agreement with New Zealand (DTA). This article highlights some of the...

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