Asia Pacific

Talking Tax – Issue 168

Legal professional privilege – a shield but not a sword

The High Court in the case of Glencore International AG & Ors v Federal Commissioner of Taxation [2019] HCA 26 has unanimously rejected an application for an injunction brought by the Glencore Group (Glencore) to restrain the Federal Commissioner of Taxation (Commissioner) from using documents that were released as a part of the ‘Paradise Papers.’

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Talking Tax – Issue 167

Queensland: Payroll tax grouping win for the taxpayer

In Telgrove Pty Ltd t/as P & E Francis Plant Hire v Commissioner of State Revenue [2019] QCAT 199, Telgrove Pty Ltd (Telgrove), as the designated group employer, had made an ‘exclusion order’ to request that Telgrove and 3 other entities be excluded from a list of six entities that were determined to be a payroll tax group by the Queensland Commissioner of State Revenue (Commissioner). The Commissioner rejected this exclusion application and issued reassessment notices to Telgrove to tax the six entities (Group Members) as a group from the 2011/12 financial year and apply penalty tax and interest for the period.

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Talking Tax – Issue 166

Distributions from foreign trusts assessable under section 99B

The Federal Commissioner of Taxation (Commissioner) has had a recent win in the case of Campbell v Commissioner of Taxation [2019] AATA 2043. In this case, Ms Catherine Campbell (Taxpayer) had received distributions from a New Zealand-based trust estate totalling $463,200 across the 2013 and 2014 income years.
The Taxpayer failed to return these amounts as income and the Administrative Appeals Tribunal (Tribunal) held that the Taxpayer was in receipt of distributions from a foreign trust that are assessable pursuant to section 99B(1) of the Income Tax Assessment Act 1936 (Cth) (1936 Act).

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Financial Services in Focus – Issue 28

Funds and financial products

APRA releases update to its responses to the Royal Commission recommendations

On 7 August, APRA released its updated plans in relation to specific recommendations in the Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

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Homelessness Week: what can we do to help?

This week is Homelessness Week, which is an important opportunity to recognise the hardship faced by so many Australians who are currently experiencing homelessness across the nation. This annual event raises awareness for one of our country’s most pressing social issues, homelessness.

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Talking Tax – Issue 165

Tax integrity changes and other measures

The Treasury Laws Amendment (2019 Tax Integrity and Other Measures No. 1) Bill 2019 (Cth) (Bill) was introduced to the House of Representatives on 24 July 2019 and proposes to make a raft of legislative changes to improve the integrity of Australia’s tax system.

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Hall & Wilcox partners with Checkbox to drive innovation in the legal industry

Leading independent Australian business law firm Hall & Wilcox has become Checkbox’s first Solutions Partner. This enables Hall & Wilcox to develop quick and effective solutions in the Checkbox platform for in-house legal teams to support them in delivering legal services more efficiently.

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Cryptocurrencies in, then out, of new draft legislation restricting payments by cash

Last week, the Australian Government released its exposure draft of the Currency (Restrictions on the Use of Cash) Bill 2019 (Bill) for public consultation. While the draft Bill currently captures digital currencies by default, the Government intends to provide relief from application for digital currency.

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Landlord caught between a rock and a hard ‘lease’: VCAT finds sand quarry to be a ‘retail premises’ lease

The Victorian Civil and Administrative Tribunal has recently handed down the decision of Phillips v Abel [2019] VCAT 1031 which continues the trend of pushing the boundary of what had traditionally been considered ‘retail premises’ for the purposes of the Retail Leases Act 2003 (Act).

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Government reintroduces National Sports Tribunal legislation

Last week, the Federal Government introduced a revised bill into Parliament to establish the National Sports Tribunal.1 This follows an earlier draft bill introduced into Parliament in February 2019 which did not proceed due to the recent Federal election.

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