Insights

Limited partnerships - liability of limited partners for partnership tax liabilities

A recent court decision has made clear that limited partners of an unincorporated limited partnership are liable for certain tax liabilities of the

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NSW Stamp Duty: novation not a transfer

On 30 January 2013, Gzell J of the New South Wales Supreme Court handed down the decision in CTI Joint Venture Company Pty Ltd v Chief Commissioner of State Revenue [2013] NSWSC 20. The decision...

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Recent changes to the directors' penalty regime

On 29 June 2012, legislation amending the directors... penalty (DP) provisions in Division 269 of Schedule 1 to the Taxation Administration Act 1997 (Cth) (TAA) and associated measures was enacted...

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Tax ruling on dividends and changes to Section 254T

On 27 June 2012, the Commissioner of Taxation (Commissioner) issued Taxation Ruling TR...2012/5 (Ruling) (previously issued as Draft Taxation Ruling TR 2011/D8), dealing with section 254T of the...

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Proposed loss carry-back scheme for corporate taxpayers

On 23 August 2012, the Commonwealth Treasury released, for consultation, an exposure package consisting of draft legislation and accompanying draft explanatory memorandum in respect of the...

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Taxation of trusts update

The following articles provide an overview of the recent developments in relation to the taxation of

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Which trustee is liable for tax when there is a change of trustee?

The Commissioner issued Practice Statement Law Administration PS 2012/2 on 28 June 2012. PS LA 2012/2 sets out the Commissioner's approach to determining from which entity he will seek to recover

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Draft Taxation Ruling on dividends

On 21 December 2011, the Commissioner of Taxation issued Draft Taxation Ruling TR 2011/D8 (Draft TR) on 'Section 254T of the Corporations Act and the assessment and franking of dividends paid

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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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Taxation treatment of earn out rights

As part of the Commonwealth Budget 2010-11, the Assistant Treasurer announced the Government...s intention to enact legislation to apply a ...look-through... capital gains tax (CGT) treatment for...

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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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