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Tax Issues When Expanding Overseas

Navigating the issues when an Australian business is expanding overseas requires consideration of a broad range of Australian tax issues (as well as non–tax issues), and almost all of these equally apply whether the business is small or large. We touch on some of these tax issues from an Australian viewpoint.

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Payday Super – what will change?

The Federal Government committed in May 2024 to require super to be paid by employers for employees at the same time as the wages for those employees are paid. Whilst Payday Super is currently intended to start on 1 July 2026, we are starting to see what the changes might be.

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Maximum net asset value test: is the ATO’s stance on previously rented holiday homes justified?

The maximum net asset value test is designed as a snapshot taken just before the CGT event. A previously rented holiday home shouldn’t affect its exclusion status if it is being used solely for the owner’s personal use leading up to the relevant CGT event. However, the ATO holds a different view. This article examines whether the ATO’s stance warrants a reassessment.

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The importance of identifying the facts and circumstances

Fundamental to any tax advice is the identification and clarification of the relevant, underlying facts and circumstances. Without doing so it is difficult to determine the tax implications applicable to those facts and circumstances. Also, even minor changes to such facts and circumstances may alter the tax implications.

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“Higgling, haggling and hassling” at the Grand Bazaar – What is expected of taxpayers to justify market value?

Market value is relevant for a number of tax provisions including the market value substitution rule in the CGT provisions, the maximum net asset value test (MNAV test), and for state taxes such as land tax and transfer duty.  Crucial to the application of the market value substitution rule is whether or not parties have acted at arm’s length.

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A benefit to an employee in respect of employment (or not?)

This article considers a core FBT issue. We analyse the recent BQKD and Commissioner of Taxation case and consider the issue of whether three directors of a trustee company of a discretionary family trust were employees for FBT purposes and, if so, whether the use of vehicles owned by the company were benefits provided in respect of their employment.

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