We demystify tax objections, disputes and tax problems. Our experienced and accredited tax lawyer assists accountants and clients with perceptive tax advice and savvy legal documents....
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In an Administrative Appeals Tribunal decision this month in Etmekdjian v. Commissioner of Taxation [2020] AATA 3821 (1 October 2020), the AAT refused to extend a waiver of disqualification to the applicant so the applicant could manage his own self managed superannuation fund (SMSF). The applicant had been disqualified under Part 15 of the Superannuation […]
Advent of the state foreign person property surcharges Foreign person surcharges have applied on New South Wales, Victoria, Queensland, Tasmania, Western Australia and Australian Capital Territory property taxes following Commonwealth action to have the Foreign Investment Review Board more closely monitor the acquisition and holding of Australian real estate by foreign interests: see our July […]
The Australian Taxation Office has recently reviewed how it engages with lawyers. They have released the chart below (best viewed on a large screen) setting out how lawyer-lodged objections for lawyers’ clients progress to decision. Some comments and explanation RDR is Review and Dispute Resolution, an ATO section (business line) established by the ATO in […]
In the recent Administrative Appeals Tribunal case Chadbourne and Commissioner of Taxation (Taxation) [2020] AATA 2441 (10 July 2020) the AAT confirmed the disallowance of tax deductions to Mr. D. Chadbourne (the Applicant). The Applicant was a beneficiary of the D & M Chadbourne Family Trust (DMCFT) and the Applicant was denied deductions for: interest […]
Business vector created by iconicbestiary – www.freepik.com A widower nominated his son and daughter to take equal shares of his superannuation benefits on his death on a basis not binding on the trustee. The daughter, who was the surviving trustee of her father’s self managed superannuation fund (SMSF) after his death, appointed her husband as […]
In Donkin & Others v. Federal Commissioner of Taxation [2019] AATA 6746, a recently published decision of the Administrative Appeals Tribunal (AAT), the AAT considered how section 97 of the Income Tax Assessment Act (ITAA) 1936 applied to distributions by the trustee of a family discretionary trust (FDT). Distributions of income were made to up […]
