The devil is in the dating
Land tax and foreign beneficiaries It’s getting on for Christmas and you’ve had a hell of a rush – people seem to think the world will come to the end on Christmas Eve. A month or so ago Mary asked...
CGT considerations: When a beneficiary exercises an option under the will
You settle on the couch with a glass of wine after a long and exhausting day. Your husband has been flat out harvesting and you didn’t realise just how useful he actually is around the house and...
Double Trouble: Companies and double tax stings
Snapshot: Acquiring assets through a company may attract various tax implications. Always advise the client to talk to an accountant before buying property in the name of a company. Your farmer...
The danger in changing trustees
Will and Kate are an elderly couple you have been working with for only a little over 12 months. You have done four jobs for them already, and so thrilled when Will calls you again in the space of 2...
Landholding Discretionary Trusts and the potential avalanche of stings……
You are relaxing by an open fire nursing a mug of warm mulled wine when your phone starts ringing. You look down and see it is work. Whilst you had asked not to be disturbed on your skiing...
Don’t pay stamp duty if you don’t have to
Snap shot: Always follow testamentary options strictly in accordance with the will. Check for Revenue Rulings for guidance Megan, a long-term client and friend comes in to see you about her late...
Disputes and the ATO
Given the complexity of the taxation regime and the requirement for taxpayers to initially self-assess their liabilities, disputes between taxpayers and the Australian Taxation Office (ATO) will...
Tax Traps – Beware the Division 7A snake pit
Division 7A of the Income Tax Assessment Act 1936 is a poisonous well of hissing snakes for general practitioners when dealing with companies. In very broad and simple terms it can claim income tax...
Discretionary trusts holding residential property – the deadline is looming……
Where a discretionary trust owns residential property and the deed for the discretionary trust does not specifically exclude foreign beneficiaries, the trust will automatically be classed as a...
Succession planning: Why accountants and lawyers should always confer
Tax stings lurk in all kinds of succession planning matters. The following scenarios illustrate the importance of lawyers and accountants working together in the best interests of their clients. The...