Australia: Tax Authorities

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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
ATO Releases Decision Impact Statement On Bendel – The Wait Is Over, But Was It Worth The Wait
The Australian Taxation Office has released its Decision Impact Statement following the High Court's landmark Bendel judgment on unpaid present entitlements and Division 7A. While some taxpayers who maintained passive arrangements may find relief, significant questions remain about the application of anti-avoidance provisions and the Commissioner's discretionary powers. The statement signals important changes to longstanding ATO guidance and raises critical considerations for trust and corporate beneficiary
Australia Tax
PA
Piper Alderman
Article
Significant And Retrospective CGT Changes For Taxable Australian Property: Draft Legislation Released
The Australian Government has released draft legislation proposing significant and retrospective changes to foreign resident capital gains tax rules, dramatically expanding what constitutes taxable Australian real property. These changes will apply to past transactions dating back to 2006, existing investments, and future deals, with only limited transitional relief for renewable energy assets until 2030.
Australia Tax
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Corrs Chambers Westgarth
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