Insights

Changes to Duty Laws in NSW: options, anti-avoidance rules and promoter penalties now in force

On 19 May 2022, the State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022 (NSW) received royal assent (the Amending Act). The Amending Act made a number of amendments to the Duties...

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The ATO ramps up its recovery of existing and anticipated tax debts

Central to the Australian taxation system is the concept of self-assessment. Voluntary compliance for the payment of tax related liabilities is strong with Australian Tax Office (ATO) data...

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LPP “Smorgasbord” wars: Commissioner not entitled to all taxpayer’s documents

Moshinsky J handed down (in part) the highly anticipated decision: Commissioner of Taxation v Pricewaterhouse Coopers [2022] FCA 278, finding that only a portion of the respondent’s documents over...

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Corporate Collective Investment Vehicles - new regime now live

The Corporate Collective Investment Vehicle Framework and Other Measures Bill 2021 (Cth) (CCIV Bill) received Royal Assent on 22 February 2022. The CCIV Bill sets out the regulatory and tax...

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Tax litigation to watch in 2022

The Australian Taxation Office’s (ATO) stated approach to tax disputes is to seek to prevent them where appropriate.

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Commissioner of Taxation’s access powers

The Commissioner of Taxation has broad powers to obtain information and documents for the purposes of his administration of Australia’s tax laws.

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Federal Court agrees that deductions should be denied for interest on financing

On 17 December 2021, the Federal Court of Australia published the decision of Justice Moshinsky in Singapore Telecom Australia Investments Pty Ltd v Commissioner of Taxation [2021] FCA 1597.

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Victoria’s newest property tax - Windfall Gains Tax

In May this year, the Victorian government announced it would be introducing a Windfall Gains Tax (WGT) in order to tax the value of gains made by landowners as a result of certain rezoning...

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State and Territory budget snap shot – key business announcements

Following last year’s federal and state government budget deferrals, 2021 has seen a return to a more “normal” timetable for the states and territories releasing their budgets, with most...

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High Court refuses taxpayer special leave to appeal R&D case

On 2 September 2021, the High Court of Australia refused Coal of Queensland Pty Ltd (COQ) leave to appeal the decision of the Full Federal Court in Coal of Queensland Pty Ltd v Innovation and...

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Treasury consults on Corporate Collective Investment Vehicles

On 27 August 2021, the Department of the Treasury of the Australian Government (Treasury) released a package of documents including exposure draft legislation and exposure draft explanatory...

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Federal Budget 2021

In this special Insight we bring you the key taxation measures announced by the Treasurer, the Hon. Josh Frydenberg, in the 2021-22 Australian Federal Budget on Tuesday 11 May 2021.

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Taxpayer wins in latest AAT R&D decision

The Administrative Appeals Tribunal (AAT) recently held in favour of taxpayer PKWK in a research and development (R&D) dispute against Innovation and Science Australia (ISA).

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Federal Court dismisses H2O Exchange’s appeal from AAT R&D decision

On 22 January 2021, Stewart J decided H20 Exchange Pty Ltd (H2O) v Innovation and Science Australia (ISA) [2021] FCA 11 in favour of ISA.

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State and Territory budget snap shot – key business announcements

Earlier this year, National Cabinet agreed that all jurisdictions would defer their respective state and territory budgets to enable each government to focus on the COVID-19 response effort. We...

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AAT finding reaffirms documentation is essential for R&D

A recent decision by the AAT reinforces that it is important for taxpayers to appropriately document a hypothesis prior to commencing research and development (R&D) activities.

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Federal Budget 2020 Insights

This year’s budget was always going to be shaped by the devastating impact on the Australian economy of recent natural disasters (bushfires, floods and drought) and the global COVID-19 pandemic...

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Victorian SRO releases guidance on economic entitlements

Recently the Victorian State Revenue Office released guidance on its website on its interpretation of the economic entitlement provisions contained in the Duties Act 2000 (Vic).

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GLI: Corporate Tax 2020

Partners Andy Milidoni and Prashanth Kainthaje have written the Australian chapter for the eighth edition of Global Legal Insights: Corporate Tax 2020. 

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Tax implications for R&D activities subsidised by JobKeeper payments

ATO releases draft TD 2020/D1 Income tax: notional deductions for R&D activities subsidised by JobKeeper payments

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International Comparative Legal Guide: Public Investment Funds 2022

Partners Austin Bell and Matthew Shanahan have written the Australian chapter for the International Comparative Legal Guide: Public Investment Funds 2022.

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Responsible tax policy and risk management

In recent years, the measurement of a business’ tax performance has gradually expanded beyond traditional metrics such as effective tax rates to include qualitative factors such as responsible tax...

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Understanding the JobKeeper scheme

This article aims to provide a summary of the rules relating to the JobKeeper scheme.

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International Comparative Legal Guide: Public Investment Funds 2020

Partners Austin Bell and Andi Milidoni have written the Australian chapter for the International Comparative Legal Guide: Public Investment Funds 2020.

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Testamentary Discretionary Trusts – NSW Surcharge Purchaser Duty and Surcharge Land Tax

Breaking news: NSW lifts extra charges to stamp duty and land tax in respect of testamentary trusts with potential non-resident beneficiaries, provided they are created under Wills or Codicils...

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