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An “uncredible” win for the taxpayers…

ATO audits seem to be delving deeper and going longer, and there appear to be more taxpayers disputing amended and default assessments at the Administrative Appeals Tribunal. These disputes often focus on the need for the taxpayer to discharge its onus of proof that the assessments are excessive. In our article we analyse the approach taken in Liang v Commissioner of Taxation.

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GST and whether property activities are an enterprise

Earlier this year the Administrative Appeals Tribunal issued its decision in Lance’s Case. The decision highlights the importance of GST fundamentals, and that a taxpayer requires sufficient supporting evidence to discharge it’s onus of proof when challenging tax matters. 

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The ATO’s required standard for tax documentation is “perfect”

ATO data matching has always existed. It is mostly used to pre-fill reports on tax returns, which can be helpful. Increasingly, the ATO has been using data matching to find inconsistencies in tax returns. In some cases, this approach seems to be focussed only on whether there is a technical breach of a tax law, with no consideration made of whether there has been any real tax mischief.

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How much can a taxpayer rely on a tax agent?

In this article, we further discuss the burden of proof for the taxpayer at the AAT. We consider aspects of the WYVW decision including penalties, the safe harbour provisions and the level of care expected of directors when engaging a tax agent.

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Does Bendel’s case highlight broader cracks in the tax system?

The recent decision in Bendel’s Case has caused more than a ripple in income tax circles. There are numerous case summaries and commentary about what the decision might mean for the application of Division 7A. This case, in our view, represents a symptom of a bigger issue in relation to the way tax is being administered.

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Could Division 7A apply to non-related party loans?

Most practitioners are familiar with Division 7A integrity measures. However, the breadth of when an entity qualifies as an associate of a trust may, in some instances, cause non-related party loans be within the scope of Division 7A. This article explores the concept of associate for a trust.

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