Regions

Talking Tax – Issue 74

Case law

Application of the CGT rollover for marriage breakdowns broadened by Federal Court

The Federal Court in the recent case of Sandini Pty Ltd v Commissioner of Taxation [2017] FCA 287 made a declaration that the Taxpayer was entitled to relief under the marriage and relationship breakdown CGT rollover under subdivision 126A of the Income Tax Assessment Act 1997 (ITAA 1997). This was despite the fact that the assets in question were transferred directly to the family trust of the Taxpayer’s spouse – a transfer that would not ordinarily come within the scope of the rollover.

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Short term hire arrangements: further relief ahead?

Changes appear imminent in the Personal Property Securities Act 2009 (Cth) (PPSA) arena, as on 1 March 2017 the Personal Property Securities Amendment (PPS Leases) Bill 2017 (PPS Leases Bill) was tabled in the Federal House of Representatives.

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Sexual misconduct: The use of chaperones to protect patients

On 11 April 2017, the Medical Board of Australia (MBA) and the Australian Health Practitioner Regulation Agency (AHPRA) released a report prepared by Professor Ron Paterson, being an independent review of the use of chaperones to protect patients in Australia. Professor Paterson concluded that the use of chaperones where sexual misconduct allegations are being investigated does not meet community expectations and does not always keep patients safe from predatory practitioners. Professor Paterson made a number of recommendations as a result of his review, including that chaperones no longer be used (except in exceptional circumstances) as an interim restriction whilst investigations are undertaken into allegations of sexual misconduct by practitioners and for the improvement of handling of sexual misconduct complaints. Both the MBA and AHPRA have accepted Professor Paterson’s recommendations.

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Grip tight and hold on: latest trends in the construction of amusement rides

Quantitative risk assessment techniques are changing the way in which amusement rides are designed, inspected and operated.  Modern rides are becoming dependent on computer-based technology with control systems allowing rides to perform increasingly complex functions at very high speeds.  Passenger safety can depend on the correct operation of control systems and their failure could compromise safety.

Such developments mean that quantitative risk assessments are increasingly being applied to amusement rides.1  A quantitative risk assessment involves calculating the magnitude of a potential loss and the probability that such loss will occur.  An acceptable risk is only understood or tolerated where the cost or difficulty of implementing an effective countermeasure exceeds the expectation of loss.

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Planning new experiences? What you need to know

How public attractions are used is changing.  There is a growing recognition of the increasing demand for a broader night time culture and entertainment offering, which in turn is leading to cities starting to re-evaluate their night time economies.  Sleepovers already allow guests to experience a night at the museum or the zoo and the success of such events is leading to a demand for better quality accommodation.  Some zoos are seeking to capitalise on this demand by offering permanent accommodation that allows guests to stay overnight in an immersive conservation experience.

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Māra Stabulniece on the new regulation of the pre-procurement consulting

On 11 April 2017, “Jurista Vārds” published an article by Māra Stabulniece, Attorney from Tark Grunte Sutkiene, on the new regulation of the pre-procurement consulting. Article 18 of the Public Procurement Law contains a regulation on the pre-procurement consulting, which is new in Latvia, while it does not prescribe for the new right of customers to consult suppliers, but only set out the provisions for application of such right.

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Ny afgørelse om trepartsforhold

SKAT har afgjort, at man kan anses for ansat i et firma, selv om man er ansat gennem et bureau

De fleste personer er meget sjældent i tvivl om, hvorvidt de er lønmodtagere eller selvstændig erhvervsdrivende. Ofte giver dette sig selv. Det forekommer imidlertid, at en del personer har en interesse i at være selvstændig erhvervsdrivende og ”forsøger” at få deres aktivitet løftet op til at være det. I disse situationer foretager man en konkret skatteretlig vurdering af, hvorvidt den aktivitet, den pågældende person udøver, er kendetegnet som selvstændig erhvervsdrivende.

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Betalingen ontvangen van bijna-failliete vennootschappen

Betalingen ontvangen van bijna failliete vennootschappen, blijft lastig. Wanneer kan de curator in faillissement die betalingen later weer terugvorderen? Bas Ebels schreef een noot onder een uitspraak van de Rechtbank Limburg waarin de bewindvoerder in voorlopige surseance met succes een betaling aan het advocatenkantoor, die de aspirant sursiet had begeleid bij de aanvraag van de surseance, terugvorderde. Erg zuur voor de advocaten, maar juridisch juist. Wees dus op uw hoede als u betaald krijgt door een klant in moeilijkheden.”

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Sharing Cyber Threat Information

The Information Sharing and Analysis Organization-Standards Organization (ISAO-SO) was set up under the aegis of the Department of Homeland Security pursuant to a Presidential Executive Order intended to foster threat vector sharing among private entities and with the government. ISAOs are proliferating in many critical infrastructure fields, including health care, where cybersecurity and data privacy are particularly sensitive issues given HIPAA requirements and disproportionate industry human and systems vulnerabilities. Therefore, in advising their companies’ management, general counsel and others might benefit from reviewing the FAQ’s and answers contained in the draft document that can be accessed at the link below.

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A Perilous “Advice of Counsel” Defense Results in Disclosure, Not Only of Attorney/Client Communications, but of Attorney Work Product Material as Well

Frequently, parties in both civil and criminal cases where fraud or corporate misconduct is being alleged attempt to defend themselves by arguing that they lacked unlawful intent because they relied upon the advice of counsel. Such an assertion instantly raises two fundamental questions:  1) what advice did the party’s attorney actually give?;  and 2) what facts and circumstances did the party disclose, or fail to disclose, in order to obtain that opinion?  It is well understood that raising an advice of counsel defense consequently waives attorney/client privilege. 

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