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The Government recently introduced a Bill to amend the super fund borrowing rules by replacing the existing exception in section 67(4A) of the Superannuation Industry (Supervision) Act 1993 with sections 67A and 67B....
14 July 2010
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Categorised In: Revenue, Tax & Superannuation
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The decision in SNF (Australia) Pty Ltd v. Commissioner of Taxation [2010] FCA 635 is good news for Australian businesses with international operations. It is the first Federal Court decision handed down on substantive...
12 July 2010
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Categorised In: Revenue, Tax & Superannuation
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Recent amendments to the Commonwealth’s taxation legislation have significantly changed the regime relating to the ATO’s power to issue director penalty notices (DPN) to a director of a company.
The previous...
07 July 2010
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Categorised In: Litigation & Dispute Resolution, Revenue, Tax & Superannuation
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The High Court decision in Bamford clarified a number of issues in relation to how income can be defined in a trust deed and whether provisions giving the trustee a discretion to adopt different concept of income are...
30 June 2010
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Categorised In: Revenue, Tax & Superannuation
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TT-Line Company v. Commissioner of Taxation
Transport companies need to ensure they are correctly paying GST when they receive any form of government rebate. Not all government payments will attract GST.
The Tax Office...
10 June 2010
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Categorised In: Revenue, Tax & Superannuation, Transport
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On 26 May the Government introduced the Superannuation Industry (Supervision) Amendment Bill 2010 into Parliament to replace the current borrowing exception in section 67(4A) with new sections 67A and 67B.
The proposed...
01 June 2010
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Categorised In: Revenue, Tax & Superannuation
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The GST treatment of supplies relating to international transport is set to change from 1 July 2010.
Treasury has released an exposure draft of the proposed legislation, which followed a consultation period in 2009. If...
20 April 2010
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Categorised In: Revenue, Tax & Superannuation, Transport
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Practical implications of the Bamford decision
The High Court handed down its decision in the Bamford case on 30 March 2010.
The Court found that:
a provision in a trust deed which allows the trustee a discretion to...
14 April 2010
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Categorised In: Revenue, Tax & Superannuation
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Traditionally, non-profit organisations that promote the change of government law or policy have struggled to qualify for charitable tax concessions. That may be set to change with the High Court of Australia...
18 March 2010
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Categorised In: Litigation & Dispute Resolution, Not for Profit, Revenue, Tax & Superannuation
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For some time now the ATO has provided guidance in a public ruling and booklet as to what it views as an acceptable level of service fees for medical practitioners.
On 22 December 2009 the ATO released a factsheet that...
29 January 2010
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Categorised In: Revenue, Tax & Superannuation
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Cooper Grace Ward has recently received a favourable private ruling from the ATO in relation to a substantial land subdivision.
The client owns 52 acres of residential land and intends to subdivide the property into 22...
12 January 2010
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Categorised In: Revenue, Tax & Superannuation
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A recent decision of the Full Federal Court provides a reminder to draft contracts carefully to avoid any unintended consequences.
In South Steyne Hotel P/L v Commissioner of Taxation, the sale of a strata-titled...
08 December 2009
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Categorised In: Revenue, Tax & Superannuation
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The Tax Office has recently released a draft Self Managed Superannuation Fund Determination (SMSFD 2009/D1) outlining the Commissioner’s view that the acquisition of a trauma insurance policy by the trustee of a...
27 November 2009
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Categorised In: Revenue, Tax & Superannuation
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A timely reminder of the special income rules
The Tax Acts have long treated dividends paid from private companies to the trustees of superannuation funds as “special income”, which means they are taxed...
11 September 2009
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Categorised In: Revenue, Tax & Superannuation
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We published a legal alert written on 28 October 2008 titled “Small Land Developers Can Have Their Cake and Eat It Too”.
In this alert we reported on a Cooper Grace Ward client who had received...
07 August 2009
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Categorised In: Revenue, Tax & Superannuation