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CGT - main residence exemption

Piper Alderman
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Australia
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November 30 2009

A recent tribunal decision shows that care must be taken where a residential property is acquired as a main residence but is not occupied but instead rented out because the owner has to move elsewhere for work purposes

Supply of serviced apartments

Piper Alderman
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Australia
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November 30 2009

In our February 2009 Fiscal Watch we referred to a decision of the Federal Court in relation to whether certain supplies in relation to serviced apartments were input taxed, GST free supplies or taxable supplies

Deductibility of self education expenses

Piper Alderman
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Australia
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November 30 2009

The Full Bench of the Federal Court has recently upheld a decision at first instance that a full time student was entitled to deduct self education expenses againsther assessable income being earnings from part time work and the youth allowance

GST-sale and lease back of second hand vehicles

Piper Alderman
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Australia
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November 30 2009

Normally in order to claim an input tax credit on creditable acquisitions, you need to have acquired the thing supplied by way of a taxable supply

NSW payroll tax grouping provisions

Piper Alderman
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Australia
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October 6 2009

The NSW Payroll Tax Act 2007 has very wide grouping provisions

Part IVA not applied to complex corporate group restructure

Piper Alderman
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Australia
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October 6 2009

The taxpayer was recently successful after a long run of cases where the Commissioner has succeeded in the application of Part IVA to deny tax benefits arising out of various transactions

Successful challenge to charitable status of organisation political activities

Piper Alderman
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Australia
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October 6 2009

There has been a campaign for some time against charities by the Commissioner in relation to their tax-exempt status and in particular there has been concern at a political level particularly under the former Government as to whether the lobbying undertaken by charities and as to whether this affects their charitable nature

Supply of foreign currency on departure side of airport

Piper Alderman
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Australia
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October 6 2009

The natural construction of the GST Act would have considered that the supply of foreign currency is a supply of money and therefore a financial supply which is input taxed

No priority for Commissioner in company liquidations through the issue of section 260-5 notices

Piper Alderman
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Australia
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August 28 2009

The High Court has further clarified the law regarding the effect of section 260-5 notices served by the Commissioner on third parties who are required to make payments to a company in liquidation

Footballers' management expenses deductible Spriggs and Riddle

Piper Alderman
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Australia
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June 30 2009

On 18 June 2009, the High Court unanimously upheld the taxpayers' appeals from the decision of the Full Federal Court and held that fees paid to managers were deductible under section 8-1(1) of the Income Tax Assessment Act 1999 (Act) and were not capital expenses which were denied deductibility under section 8-1(2) of the Act

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