1-10 of 99 results

High Court ruling that 'backpacker tax' is discriminatory invites consideration of other potentially disapplied discriminatory tax provisions
Insight 18 Nov 2021

In the recent decision of Addy v Commissioner of Taxation, the High Court ruled that the so-called 'backpacker tax' contravened the non-discrimination article contained in the double tax agreement between Australia and the United Kingdom (UK). ...

Commissioner victorious in taxing cross-border trust distributions of capital gains
Insight 04 Aug 2021

The Full Federal Court has confirmed a controversial view held by the Commissioner of Taxation (the Commissioner) on the taxation of capital gains from non-taxable Australian property made by Australian resident discretionary trusts that are distributed to foreign resident beneficiaries. ...

A tale of two courts: are wind farm assets fixtures or chattels?
Insight 09 Jun 2021

Wind farms and other renewable energy sponsors should be aware of two recent decisions of the Supreme Courts of Victoria and New South Wales, which have raised doubt over whether wind farm assets are chattels or fixtures. We briefly explore the key findings of each court and consider some broader repercussions of these decisions for the renewable energy industry. ...

Tax Disputes Series: expert evidence in specialist tax matters
Insight

Webinar: Tax Disputes Series – expert evidence in specialist tax matters ...

Full Federal Court dismisses Commissioner's transfer pricing appeal against Glencore
Insight 18 Nov 2020

On 6 November 2020, the Full Court of the Federal Court of Australia handed down its much anticipated decision dismissing the Commissioner's appeal (save for one issue) against Glencore Investment Pty Ltd in a significant transfer pricing dispute. ...

Build-to-rent: stimulating recovery, ensuring resilience
Insight 10 Nov 2020

Build-to-Rent (BTR) helps drive economic productivity, and with the right government intervention, could not only play a key role in Australia’s economic recovery from COVID-19, but also ensure the future liveability and resilience of our cities. ...

Double-duty provisions to receive much needed guidance on what constitutes 'land development'
Insight 01 Oct 2020

The Victorian SRO has released a draft revenue ruling in an effort to provide practical guidance as to what types of activities constitute 'land development'. Unfortunately, the Draft Ruling does not overcome the existing uncertainty in some common situations and arguably seeks to expand the types of activities that may be considered 'land development'. ...

Mandatory binding arbitration of tax disputes
Insight 05 Aug 2020

The approval of multilateral instruments in recent years means that binding arbitration of tax disputes is now available under the Tax Treaties with ten additional countries, including major trading partners Singapore, the United Kingdom, Japan and New Zealand. This trend is expected to continue. ...

Buyers and sellers beware! Expenditure deductions denied and gains taxed as income
Insight 19 May 2020

Recent decisions handed down by both the High Court and Federal Court in relation to the 'income/capital distinction' and 'blackhole expenditure' have produced a mix of predictable and unexpected, but generally unfavourable, outcomes for taxpayers. Most buyers have been denied deductions for the pur ...

Trusts and partnership: When is a confirmation of rights a declaration of trust?
Insight 17 Apr 2020

The High Court of Australia held that certain deeds purporting to confirm a pre-existing trust of partnership property amounted to a new 'declaration of trust' within the meaning of the Western Australian stamp duty legislation.  ...

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