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Employment termination settlement and concessional tax treatment

Having the correct classification of how employment ends is important. Describing the termination as a voluntary resignation in circumstances that indicate otherwise could have significant adverse tax consequences to the employee. This article explores the taxing of settlement receipts received in relation to the termination of employment.

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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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STOP PRESS – NSW and ACT GP relief. Significant guidance from Victoria and NSW on Medical clinics payroll tax, but questions still remain – and another amnesty

On 11 August 2023, Victoria and NSW Revenue Offices have finally released rulings titled PTA 041 ‘Relevant Contracts – Medical Centres’, providing clarification on issues relating to the payroll tax (PRT) treatment of service agreements commonly used throughout the medical and allied health professions.

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Lessons from BBlood

Taxpayers have the right to arrange their financial affairs within the intent of the tax law. However, with any strategy or course of action taken, taxpayers and advisors should exercise caution and be prepared to justify that the effect is commercially reasonable. In this article we explore some of the lessons learnt from the latest S.100A BBlood case.

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GST and Reimbursement of Expenses

Despite the GST regime being in place for over 20 years, this continues to be an interesting issue. Why? Probably because it is important to understand and clarify the facts and circumstances of each case, which generally means understanding the commercial terms of the transaction. In this article we have used examples to demonstrate the issues and implications.

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