31-40 of 139 results
Draft legislation released to improve corporate law compliance burden
An exposure draft of proposed legislative amendments designed to reduce the compliance burden for businesses has been released by the Federal Government The amendments include long-awaited changes to the dividend payment rules the abolition of the 100 member rule and updates to remuneration ...
Beware the stamp duty pitfalls of nominee clauses and resulting trust exemptions – discussion of the Victorian case of Hartman
The recent Victorian case of Hartman1 demonstrates the potential stamp duty dangers of relying on nominee clauses in transactions involving land (or other dutiable property). The VCAT decision highlights the importance of settling, if possible, on the identity of the ultimate transferee prior to execution of a contract and, above all, the need for developers and other purchasers of land to seek advice before relying on a nominee clause or otherwise seeking to transfer title to a third party. ...
High Court ruling that 'backpacker tax' is discriminatory invites consideration of other potentially disapplied discriminatory tax provisions
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
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?
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. ...
Allens advises Bendigo and Adelaide Bank on offer of Capital Notes
The Capital Notes offer includes an Institutional Offer, a Broker Firm Offer, a Reinvestment Offer for the CPS2 shareholders and a Securityholder Offer. The transaction will support the Bank's ...
Full Federal Court dismisses Commissioner's transfer pricing appeal against Glencore
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
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'
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
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. ...