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Results: 1-10 of 34

Fiduciary duties of financial advisors

  • Piper Alderman
  • -
  • Australia
  • -
  • November 8 2012

Although it is hard to understand how this view could have arisen, there was a view amongst some members of the financial planning industry that financial planners did not owe fiduciary duties to their clients

Stamp duty novation or assignment cancelled contract

  • Piper Alderman
  • -
  • Australia
  • -
  • March 27 2012

The NSW Duties Act provides that where an agreement for the sale or transfer of dutiable property is cancelled, the agreement is not liable to duty if the Chief Commissioner is satisfied of certain matters

Deemed dividends - whether “distributable surplus” for an income year includes the income tax for that income year even if not due and owing

  • Piper Alderman
  • -
  • Australia
  • -
  • November 26 2010

Division 7A of the 1936 Tax Act contains specific anti-avoidance provisions that may result in a deemed dividend such as loans and other benefits provided by a private company to a shareholder or associates of a shareholder of that private company

Scrip for scrip roll over applicability of arm’s length provisions and Part IVA

  • Piper Alderman
  • -
  • Australia
  • -
  • November 26 2010

In a recent decision of the Full Bench of the Federal Court, the Court had to consider whether or not the scrip for scrip roll over provisions applied in a takeover transaction in the context where the original entity and the replacement entity did not have at least 300 members and the shares in the replacement entity that were exchanged for shares in the original entity had different rights to the original shares

Small business CGT concessions maximum net asset value test

  • Piper Alderman
  • -
  • Australia
  • -
  • March 27 2012

In a recent Federal Court decision, the taxpayers being a husband and wife had sold their shares in a company and claimed the 15 year retirement exemption with respect to the capital gain each of them had made in relation to their shareholding in the company

Sham loans taxpayer wins appeal

  • Piper Alderman
  • -
  • Australia
  • -
  • April 2 2013

In a recent case, the Full Court had to consider whether or not a finding by the AAT that international funds transfers made as between the taxpayer

Trust income streaming

  • Piper Alderman
  • -
  • Australia
  • -
  • July 14 2011

The Administrative Appeals Tribunal (AAT) has in a recent decision rejected the Commissioner’s view as to the application of the High Court decision in Bamford

Small business CGT relief - maximum net asset test - liabilities related to an asset

  • Piper Alderman
  • -
  • Australia
  • -
  • April 2 2013

Once again the complexity of the small business CGT concessions has been revealed in a recent Full Federal Court decision and shows the importance in

Non-portfolio dividend trust as the head company of consolidated group

  • Piper Alderman
  • -
  • Australia
  • -
  • January 20 2013

Under the tax consolidation provisions, a trust (as distinct from the trustee) which is a corporate unit trust or a public trading trust can be a

Deductibility of indemnity payment

  • Piper Alderman
  • -
  • Australia
  • -
  • August 29 2012

The Full Court has recently held that a payment made by the taxpayer to a related company for indemnifying the taxpayer company against loss under an anterior forward exchange contract with another related company was an allowable deduction under the general deduction section