Tag Archives: SRO

Talking Tax – Issue 69

ATO guidance

Residency test for companies – central management and control

Australian business groups with overseas operations are reminded to take care following the outcome of the High Court decision in Bywater Investments Limited & Ors. v Commissioner of Taxation; Hua Wang Bank Berhad [2016] HCA 45, and the recent release of Draft Tax Ruling TR 2017/D2 by the Australian Taxation Office (ATO).

The draft ruling sets out the Commissioner of Taxation’s view on the application of the central management and control test for companies following the landmark High Court decision.

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Talking Tax – Issue 68

Legislation

Treasury Laws Amendment (2017 Measures No. 1) Bill

The Treasury Laws Amendment (2017 Measures No. 1) Bill (Bill) has been introduced to allow investors who used an interposed trust to invest in early stage investment companies (ESIC) and early stage venture capital limited partnerships (ESVCLP) to access the concessional capital gains tax (CGT) treatment available to other investors. The amendments give effect to the original intent of the legislation as part of the National Innovation and Science Agenda.

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Talking Tax – Issue 66

Cases

Uber B.V. v Commissioner of Taxation [2017] FCA 110

The Federal Court has dismissed the application of Uber in an action against the Commissioner of Taxation (Commissioner).

The topical dispute stands as the landmark decision that Uber drivers are required to be registered for GST purposes.

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