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Results: 1-10 of 34

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

GST on cancelled supplies

  • Piper Alderman
  • -
  • Australia
  • -
  • September 27 2011

In a recent case the Federal Full Bench had to consider whether or not GST was still applicable where a customer bought an airline ticket but subsequently cancels the booking, or does not turn up for the flight, and does not receive a refund either because, under the terms of the contract, no refund was available or, although it was available, it was simply not claimed

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

Litigation funding scheme is not a financial product

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

The NSW Court of Appeal by a majority had previously held that a funding agreement in relation to a litigation funding arrangement was a financial product

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

Commissioner’s slice approach to streaming of trust distributions rejected

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

Up until the decision of the High Court in Bamford the Commissioner accepted that a trustee may stream categories of income to different beneficiaries e.g. capital gains and franked dividends

No transfer of continuing partnership interest by retiring partner

  • Piper Alderman
  • -
  • Australia
  • -
  • August 27 2013

The Full Court has dismissed an appeal by a taxpayer against a decision at first instance that a deed transferring a retiring partner's interest in a

Foreign exchange losses

  • Piper Alderman
  • -
  • Australia
  • -
  • August 27 2013

The Commissioner of Taxation has lost an appeal against a decision at first instance that 20 News Corp group companies were entitled to deductions

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

Time of derivation of income for cash taxpayer

  • Piper Alderman
  • -
  • Australia
  • -
  • September 20 2010

In a recent case, a taxpayer who returned income on a cash basis attempted to argue that notwithstanding he received a transfer of land in one income year as consideration for services performed in an earlier income year, that it was the value of the land at the time of performance of the services in the earlier income year that should be returned as assessable income