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Trusts & section 100A | Commissioner draws first blood

29/09/2022

On 19 September 2022, the Federal Court (single Judge) handed down a decision on section 100A of the Income Tax Assessment Act 1936 (ITAA36) which supports the expansive interpretation in the ATO’s draft guidance (Taxation Ruling TR 2022/D1) released in February this year. There are a number of cases pending in relation to this controversial […]

ATO Tax Ruling – ‘Games and sports exemption’ TR 2022/2

26/09/2022

The ATO has revised its guidance on the games and sports income tax exemption for not-for-profit clubs. While the application of the exemption has not changed, Taxation Ruling 2022/2 does provide further clarifications and references the Word Investments High Court case. This ruling replaces Taxation Ruling 97/22, which has now been withdrawn. TR 2022/2 relates […]

Land transfer duty – Acquisition of economic entitlements in relation to land (service fees)

12/09/2022

The State Revenue Office of Victoria (SRO) recently released a draft Ruling on the operation of the economic entitlement provisions contained in the Duties Act 2000 (Duties Act). Our experts look at whether the guidance provides clarity for the property industry and investors. On 30 August 2022 the State Revenue Office of Victoria (SRO) released […]

Corporate Collective Investment Vehicle Regime (CCIV)

31/08/2022

Now that we are in the 2023 financial year, it is important for fund managers to consider the opportunities of the Corporate Collective Investment Vehicle Regime (CCIV), which came in to effect from 1 July 2022, when considering the structure of new and even existing investments.   The CCIV regime provides a new type of […]

Australia-India: removal of double taxation of offshore technical services

18/08/2022

The Australian Government has released draft legislation to remove the double taxation of technical services provided remotely by Indian businesses (offshore services) to customers in Australia. In April 2022, the Australia-India Economic Cooperation and Trade Agreement (AIECTA) was signed to strengthen the relationship between the two countries, facilitate bilateral trade and create opportunities for workers […]

Proposed changes to Australia’s thin capitalisation rules

17/08/2022

The Government proposes to amend Australia’s existing thin capitalisation rules to limit interest deductions for multinational enterprises. Our modelling indicates one in four multinational enterprises (MNE’s) could be negatively affected by the changes. These amendments are part of a consultation paper released by the Treasury in line with the Government’s commitment to address tax avoidance […]

Significant Investor Visa Funds – compliance audit

17/08/2022

One of several recent changes to the Migration (IMMI 15/100: Complying Investments) Instrument 2015 regarding complying assets for SIV funds included the requirement to audit the compliance of the fund with the Complying Investments Framework. From 1 July 2021, fund managers of SIV compliant funds are required to appoint an external auditor to annually audit […]

SW talks Australian stablecoins with Novatti

08/08/2022

The volume of digital payments, and ownership and trading in cryptocurrency, stablecoins and other digital assets, has grown exponentially in Australia over the last few years with extreme highs in cryptocurrency values, price crashes and high profile failures as this relatively new sector develops. Increased usage has led to a raft of new products and […]

Franchising Code - Compilation 8

30/06/2022

A further version of the Franchising Code of Conduct has been released, which incorporates all the recent amendments into a new compilation of the Franchising Code. This is called Compilation 8 and Franchisors must guarantee Compilation 8 is used when providing disclosure. As you may remember from our recent article Changes to the Franchising Code, on […]

Changes to the Franchising Code

30/06/2022

Are you a franchisor? By 14 November 2022, you will be required to upload key disclosure information to the Franchise Disclosure Register for prospective franchisees to view. The Franchise Disclosure Register is a free self-service tool to help prospective franchisees make informed decisions before entering into a franchise agreement. It gives prospective franchise buyers, current franchisees and professional advisers […]