Tax Articles

Private Ruling

Private Ruling

A private ruling is written advice from the Australian Taxation Office about the way taxation law may apply to a particular taxpayer arrangement (a scheme), including a proposed future arrangement....

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Land Tax

Land Tax

What is Queensland Land Tax? Land tax in Queensland is a state imposed tax assessed annually based on the freehold land possessed as of midnight on June 30 each year. Freehold land refers to land...

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Part IVA

Part IVA

Part IVA of the Income Tax Assessment Act of 1936 contains the income tax general anti-avoidance rule (GAAR). The GAAR operates alongside a number of other specific anti-avoidance rules contained in...

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Debt and Equity Rules

Debt and Equity Rules

What is debt funding and equity funding? There are broadly two major categories of funding available to a business: debt funding and equity funding.   From a basic legal point of view and in the...

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Everett Assignment

Everett Assignment

What is an assignment?   An assignment involves an entity or individual (the assignor) transferring contractual rights and benefits to another entity or individual (the assignee).   For example,...

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Taxable Australian Property

Taxable Australian Property

A foreign resident of Australia for tax purposes is generally only subject to Australian tax on Australian sourced income. However, when it comes to capital gains tax, a foreign (tax) resident will...

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TOFA

TOFA

What is TOFA?TOFA (Taxation of Financial Arrangements) is a tax framework that focuses on taxing the gains and losses from financial transactions based on their actual economic impact, rather than...

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NANE Income

NANE Income

What is NANE income? Non assessable non exempt income (NANE) refers to specific types of income that are defined by tax laws or other Commonwealth legislation in Australia as being neither subject...

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Tax on Compensation

Compensation payoutsThere are many forms of compensation payouts which may be awarded to taxpayers. This can include compensation in relation to personal injury or illness, damage to reputation, damage to property, lost employment, lost opportunity, or loss of income...

Tax Consolidation

If your business is a company that owns 100% of another company, trust or partnership, tax consolidation is an option you should consider. A consolidated group generally consists of a head company and subsidiary members. Throughout consolidation, subsidiary members...

Working Holiday Maker

Who is a working holiday maker?To be considered a working holiday maker (WHM) in Australia, a person must hold one of two specific visa subclasses: 417 Working Holiday Visa 462 Work and Holiday (Backpackers) Visa Verification of one's visa status can be done through...

Temporary Resident

Who is a temporary resident?Temporary residents are individuals who enjoy certain tax exemptions on foreign source income or capital gains in Australia. They are treated similarly to non residents for tax purposes, even if they might otherwise be classified as...

Transfer Pricing

Transfer pricing includes the pricing of goods, services, or intangible assets exchanged between different entities. It involves determining the prices for these transactions, taking into account the possibility that the relationship between the involved entities...

Permanent Establishment

What is a permanent establishment?A permanent establishment is a fixed place of business where an enterprise (a company) conducts its business activities. This place can be a building, office, factory, workshop, mine, oil/gas well, quarry, agricultural land, or...

Thin Capitalisation

What is thin capitalisation?Thin capitalisation is a financial practice involving the funding of subsidiaries with a higher proportion of debt relative to equity than is typical in an arm's length financial arrangement. This practice is often employed for tax related...

Double Tax Agreement

What is double taxation?Double taxation is a situation in which a taxpayer is subjected to similar tax obligations by two different countries for the same income, during the same timeframe, and related to the same subject matter. This problem arises from the fact that...

Dividend Withholding Tax

Dividend withholding tax – basic conceptsDividend withholding tax is a final tax imposed on certain dividends paid by resident companies in Australia to non residents.For the purpose of withholding tax, dividends include: Any distribution made by a company to its...

Interest Withholding Tax

Interest withholding tax conditionsWithholding tax must be paid on interest income under certain conditions: If the interest is earned by someone who is not a resident for tax purposes. If the interest is paid by either: A resident, except when the interest is...

Royalty Withholding Tax

In Australia, royalties earned by non-residents are subject to withholding tax, unless specific exemptions are applicable under the tax laws.Royalty withholding tax scenariosWhen royalties are paid by a resident entity, meaning a business or individual that is...

Source of income

The source of income for tax purposesThe term "source" of income in Australian taxation can refer to both the geographic origin and the transaction or means by which income was generated. This definition forms the basis for tax liability determination. Income doesn’t...

Controlled Foreign Company

The Controlled Foreign Company (CFC) provisions form part of the accruals basis of assessing offshore income in the Australian tax legislation. It is referred to as an accruals basis because the Australian tax law can impose tax on an Australian taxpayer without any...

Value Shifting

What is value shifting? Value shifting is when the value of one asset increases while the value of another decreases as a result of certain actions. Value shifting rules attempt to prevent taxpayers from deferring or avoiding their tax liabilities. This can occur by...

Software Depreciation

Website expensesMany businesses and other taxpayers regularly incur expenditure to acquire, develop, maintain or modify a commercial website. Beware, it is best not to assume that these costs are deductible. Remember that section 8-1 of Income Tax Assessment Act 1997...

Prepaid Expenses Tax Deductions

A prepaid expense describes a payment made in advance of the benefit of a service or receipt of something. The potential advantage of a prepaid expense is the opportunity for a taxpayer to bring forward the recognition of a deduction into a sooner income year and...

Trading Stock

Division 70 of the ITAA 1997 outlines the tax treatment of trading stock. Section 70-10 ITAA 1997 defines trading stock as including anything produced, manufactured or acquired that is held for the purposes of manufacture, sale or exchange in the ordinary course of...

Non commercial losses

Division 35 of the Income Tax Assessment Act 1997 (ITAA 1997) contains provisions that prevent individual taxpayers who carry on a business from immediately deducting losses from that business against other income in certain circumstances. The individual can be...

Personal Services Income (PSI)

The Personal Services Income (PSI) rules are designed to prevent persons who derive income from their personal services from “splitting” that income with other persons and therefore minimising the overall tax payable. The PSI rules are in Part 2-42 of the ITAA 1997....