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Know your consumer: ATO’s new draft ruling for GST cross-border supplies

18/06/2026

On 10 June 2026, the ATO released draft ruling GSTR 2026/D1 (‘the ruling’) which is intended to replace GSTR 2017/1. The draft ruling provides updated guidance on determining when an overseas supplier is making cross-border supplies of services, digital products, or rights to an ‘Australian consumer’ and, therefore, making supplies connected with Australia for GST […]

ATO finalises guidance on when ancillary funds ‘provide a benefit’

17/06/2026

Following our earlier analysis of draft Taxation Determination TD 2025/D3, the Australian Taxation Office (ATO) has now finalised its guidance with the release of Taxation Determination TD 2026/3. The determination confirms the ATO’s view on when an ancillary fund ‘provides’ a benefit and provides further clarification on the role of legally binding commitments when assessing […]

First-wave sustainability reporting in Australia: Practical lessons from ASIC and SW’s team of experts

15/06/2026

As Australia’s first mandatory sustainability reports reach the market, early experience shows that organisations that start early and focus on material climate-related risks and opportunities, governance, data, and documentation will be better placed to meet reporting and assurance expectations under Chapter 2M and AASB S2. Introduction Australia’s first mandatory sustainability reports have now been lodged, […]

Division 7A update: High Court confirms Bendel decision on UPEs

12/06/2026

The High Court has now handed down its decision in Commissioner of Taxation v Bendel, confirming the position for the taxpayer on Division 7A, unpaid present entitlements (UPEs), trust distributions, and private company loans. This is a landmark outcome for the taxpayer. The High Court has dismissed the Commissioner’s appeal, confirming that UPEs arising from […]

Simplify employee share scheme reporting with the CTS ESS Toolkit

28/05/2026

The Australian Taxation Office (ATO) has upcoming reporting obligations for entities offering an employee share scheme (ESS). Find out how the Complete Tax Solutions Employee Share Scheme (CTS ESS Toolkit), our ATO-approved software, can help you meet these requirements efficiently and accurately. Upcoming ATO reporting obligations The ATO requires employers that issue shares or share […]

Full Federal Court confirms hospital, university & shopping centre car parks can be 'commercial' for FBT purposes

01/05/2026

In Commissioner of Taxation v Toowoomba Regional Council [2026] FCAFC 50, the Full Federal Court delivered a significant reversal, closing the door opened by Logan J. Allowing the Commissioner’s appeal, the Court confirmed that the Grand Central Shopping Centre car park in Toowoomba is a ‘commercial parking station’ for FBT purposes, reinforcing the Australian Taxation […]

Full Federal Court confirms capital treatment for subdivided farmland

28/04/2026

Engaging a developer to subdivide and sell long-held farmland does not, by itself, mean the landowner is carrying on a business or running a profit-making scheme. The Full Federal Court’s decision in Commissioner of Taxation v Morton [2026] FCAFC 31 reinforces that, on the right facts, sale proceeds can remain capital — not assessable revenue […]

Foreign investors in the firing line: Treasury’s expanded CGT regime

21/04/2026

Treasury is proposing a significant expansion of Australia’s foreign resident capital gains tax (CGT) regime, materially increasing the tax exposure and exit risk for foreign investors with Australian land‑connected assets. Treasury has released draft legislation that would materially widen the scope of assets subject to Australian capital gains tax by broadening the definition of taxable […]

PDAs in public: When your property development arrangement gets the ATO’s attention

16/04/2026

The ATO has released Practical Compliance Guideline 2026/D2, outlining its risk framework for property development arrangements (PDAs), with a particular focus on long-term projects involving related parties and identifying what it considers high and low risk structures. Following public consultation and the release of Taxpayer Alert TA 2026/1, which we discussed in a previous alert here, this […]

How the ATO’s Fuel Response Plan can support your business in 2026

10/04/2026

On 30 March 2026, the Australian Government announced the National Fuel Security Plan. From 1 April 2026, the Australian Taxation Office (ATO) is administering several temporary measures, including a reduction in fuel excise duty by 32 cents per litre for 3 months, as well as changes to fuel tax credit rates. Effective from 1 April […]