Insights

Taxation of multinationals – things to keep an eye on heading into the new year

The taxation of multinationals has been a hot topic in Australia for some time. In this Insight we highlight some of the recent developments in this area as well as further developments to look out...

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High Court gives green light to taxpayer on luxury car tax case about purpose and intention

A green light on the last lap (and after two red lights): The High Court by majority of 3:2 recently upheld the taxpayer’s appeal in Automotive Invest Pty Ltd v Commissioner of Taxation [2024] HCA 36.

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State and territory budget snapshot – key business announcements

Every Australian state and territory has now delivered its 2024-25 state budget. We summarise the most notable inclusions.

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The scrutiny intensifies in Australia on the use of intangible assets by multinational groups

The rise of digitalisation has undeniably influenced global value chains. This transformation has led to the emergence of new business models associated with app stores, online advertising, cloud...

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Property funds beware: implications of the Oliver Hume appeal

The Victorian Court of Appeal has entrenched as law a broad meaning of “associated transactions” in its recent decision involving Oliver Hume Property Funds and the Commissioner of State Revenue.  

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Commissioner’s embedded royalty hunt diverted

The Full Federal Court has handed down its much-anticipated decision in PepsiCo, Inc v Commissioner of Taxation [2024] FCAFC 86, overturning the decision of the Federal Court.

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Victorian Commercial and Industrial Property Tax Reform Act is now law: here’s what you should know

The Victorian Commercial and Industrial Property Tax Reform Act 2024 (Vic) (CIPT Act) passed both houses of Parliament and received royal assent on 21 May 2024.

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Australian Federal Budget 2024: key taxation matters for large business and investors

What does the Federal Budget mean for corporate taxpayers? Now that everyone has had time to wade through the media reporting, we bring you our commentary.

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corporate building
Navigating the land taxes regime – Victorian land owners must keep up with changing tax rules

Many Victorian land owners and investors are uneasy as they await the 2024 state budget, to be delivered on 7 May 2024. Will the government use this budget as a further opportunity to balance its...

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Desiring a tax benefit is not enough for Part IVA to apply: Minerva Appeal

In a unanimous decision, the Full Federal Court has overturned a decision of a single judge of the Federal Court in Minerva Financial Group Pty Ltd v Commissioner of Taxation [2022] FCA 1092...

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ATO boldly sharpens its tools: multinational intangible arrangements in its sights

Multinational groups who use intangible assets as part of their operations should be aware of two new guidance documents published by the ATO.

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corporate building
Is your organisation eligible for a land tax foreign surcharge exemption in Victoria or Queensland?

Foreign surcharges are payable in addition to ordinary stamp duty or land tax. Victoria and Queensland offer exemptions from the foreign surcharges for certain large organisations.

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Taxing times - Victoria prohibits apportionment of land tax and windfall gains tax

The State Taxation Acts and Other Acts Amendment Act 2023 (Vic) was eventually passed, but with a number of amendments made to the initial Bill.

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corporate building
Victorian Commercial and Industrial Property Tax detail announced

The Victorian Government last week announced further details of the Commercial and Industrial Property Tax (CIPT) that is proposed to be introduced from 1 July 2024.

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Royalty-free contracts will attract scrutiny by the ATO

The Federal Court has held in Pepsi Inc v Commissioner of Taxation [2023] FCA 1490 that international arrangements involving the licence of trademarks and other intellectual property (IP) should be...

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Taking stock of Vanderstock

Strong positions taken and uncertainty remains: High Court divergence of views on excise case could have major consequences for State and Territory taxing powers.

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ATO’s approach to settlements with Australia’s largest taxpayers

The ATO has published its findings report on public and multinational business settlements 2022-2023. In this article, we unpack the ATO’s findings, and outline the considerations that the ATO will...

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corporate building
New South Wales 2023-24 budget: increasing taxes and reducing exemptions

On 19 September 2023, the New South Wales government released its 2023-24 budget and in doing so it made a number of significant revenue announcements which are all aimed at increasing government...

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State and Territory budget snap shot - wrap up of key business announcements

On 19 September 2023, New South Wales was the last Australian state to hand down its 2023/24 budget.

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Multinational tax integrity package – MNEs watch this space

The past few weeks have been exceptionally busy from an international tax perspective, with the Government making headway on a number of its tax integrity and enhanced tax transparency measures.

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Investment belts tightened under new thin capitalisation measures

Five weeks after Treasury’s release of exposure draft legislation to amend the thin capitalisation rules, as announced in 2023 Federal Budget (Exposure Draft), the Treasury Laws Amendment (Making...

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New anti-avoidance rule denying deductions for payments relating to intangible assets

On 23 June 2023, Treasury released further draft legislation to deny deductions for payments by Significant Global Entities (SGEs) relating to intangible assets connected with low corporate tax...

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Commissioner of Taxation charges with a Sabre to attack documents held offshore

Following the interlocutory decision of the Federal Court Mylan Australia Holding Pty Ltd v Commissioner of Taxation [2023] FCA 672 (Mylan) made on 21 June 2023, taxpayers facing information...

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High Court unanimously finds that GST payments are not unconstitutional

On 14 June 2023, the High Court held that payment of notional GST by a local government body, was not a tax on State property, and therefore did not contravene section 114 of the Commonwealth...

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Green maze
Do your international arrangements with intangible assets pass the test?

The current scrutiny of the Australian tax outcomes relating to the intangible assets of international groups continues. On 17 May 2023, the Australian Taxation Office (ATO) issued Practical...

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