Australia: Tax

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Tax law and international tax law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital gains tax, corporate tax, income tax, inheritance tax, national insurance, property taxes, sales taxes, VAT, GST, tax authorities, transfer pricing and withholding tax.
Article
Federal Court Clarifies Loss Transfer Cancellations: A Win By Retaining Losses
The Federal Court of Australia has clarified the operation of section 707-145 of the Income Tax Assessment Act 1997, determining that a head company's choice to cancel the transfer of tax losses must be made in relation to the joining year. The judgment in Evolution Mining Limited v Commissioner of Taxation provides critical guidance on the timing requirements for cancelling automatic loss transfers in consolidated groups, confirming that choices made in later income years are ineffective.
Australia Tax
CC
Corrs Chambers Westgarth
Video
It Depends – What Are The Proposed Changes To The Taxation Of Discretionary Trusts In The 2026 Federal Budget? (Video)
The Australian federal government's 2026 Budget introduces significant changes to discretionary trust taxation, implementing a minimum 30% tax rate at the trust level from July 2028. While certain trusts including fixed trusts, charities, and existing testamentary trusts receive exemptions, new discretionary testamentary trusts face strict requirements limiting beneficiaries to individuals only. Understanding these proposed reforms and their implications for asset protection, estate planning, and business s
Australia Tax
CG
Cooper Grace Ward
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Tax Treaties

Article
Federal Court Clarifies Loss Transfer Cancellations: A Win By Retaining Losses
The Federal Court of Australia has clarified the operation of section 707-145 of the Income Tax Assessment Act 1997, determining that a head company's choice to cancel the transfer of tax losses must be made in relation to the joining year. The judgment in Evolution Mining Limited v Commissioner of Taxation provides critical guidance on the timing requirements for cancelling automatic loss transfers in consolidated groups, confirming that choices made in later income years are ineffective.
Australia Tax
CC
Corrs Chambers Westgarth
Article
Thinking Of Moving Overseas? Key Australian Tax Residency Issues To Consider
Recent Federal Budget tax reforms have prompted many Australians to consider relocating overseas, but the complexities of tax residency often lead to unintended consequences. Understanding the distinction between tax residency and immigration residency, along with dual-tax residency implications and recent tribunal determinations, is crucial for anyone planning an international move. Key considerations include how Australia determines tax residency, the role of Double Tax Agreements, and recent case law tha
Australia Tax
CG
Coleman Greig Lawyers
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Inheritance Tax

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Income Tax

Video
It Depends – What Are The Proposed Changes To The Taxation Of Discretionary Trusts In The 2026 Federal Budget? (Video)
The Australian federal government's 2026 Budget introduces significant changes to discretionary trust taxation, implementing a minimum 30% tax rate at the trust level from July 2028. While certain trusts including fixed trusts, charities, and existing testamentary trusts receive exemptions, new discretionary testamentary trusts face strict requirements limiting beneficiaries to individuals only. Understanding these proposed reforms and their implications for asset protection, estate planning, and business s
Australia Tax
CG
Cooper Grace Ward
Article
Treasury Releases Consultation Paper On 30% Minimum Tax For Discretionary Trusts, With Major Questions Still To Answer
The Australian Treasury has released a consultation paper on implementing a 30% minimum tax on discretionary trusts, announced in the 2026-27 Budget. This comprehensive analysis examines the proposed framework's implications, including CGT rollover relief for restructuring, treatment of corporate beneficiaries facing effective double taxation, and the complex interplay between federal tax law, trust law, and state transfer duty obligations.
Australia Tax
PA
Piper Alderman
Article
Thinking Of Moving Overseas? Key Australian Tax Residency Issues To Consider
Recent Federal Budget tax reforms have prompted many Australians to consider relocating overseas, but the complexities of tax residency often lead to unintended consequences. Understanding the distinction between tax residency and immigration residency, along with dual-tax residency implications and recent tribunal determinations, is crucial for anyone planning an international move. Key considerations include how Australia determines tax residency, the role of Double Tax Agreements, and recent case law tha
Australia Tax
CG
Coleman Greig Lawyers
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Transfer Pricing

Article
Don’t Let Australia’s R&D Tax Incentive Trigger Unintended US International Tax Cost Sharing Issues
US technology, pharma, and life science companies establishing Australian subsidiaries to access R&D tax incentives face complex international tax challenges. When intercompany agreements are drafted without proper coordination between US transfer pricing rules and Australian R&D Tax Incentive requirements, companies risk significant IRS exposure including platform contribution payment obligations, cost reallocations, and penalties that can exceed the intended tax benefits.
Australia Tax
W
WilmerHale
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Latest Videos

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