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CGT - main residence exemption
  • Piper Alderman
  • Australia
  • 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


Failure of forestry schemes applicability of deductions for Division 394 forestry schemes
  • Piper Alderman
  • Australia
  • November 30 2009

Under Division 394, a deduction is allowed for amounts paid to acquire a forestry interest provided certain conditions are met, one of which is that the trees must be planted within 18 months after the end of the year of income in which amounts were first paid under the scheme


Supply of serviced apartments
  • Piper Alderman
  • Australia
  • 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
  • Australia
  • 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


Failure of forestry schemes applicability of deductions for pre-Division 394 forestry schemes
  • Piper Alderman
  • Australia
  • November 30 2009

The Commissioner has issued a draft tax determination to deal with the problem of trees not being planted in accordance with the scheme agreements notwithstanding the fact that deductions for expenditure on seasonally dependent agronomic activities have already been claimed under the relevant provisions of the Tax Acts


GST-sale and lease back of second hand vehicles
  • Piper Alderman
  • Australia
  • 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
  • Australia
  • October 6 2009

The NSW Payroll Tax Act 2007 has very wide grouping provisions


Mining companies land rich provisions
  • Piper Alderman
  • Australia
  • October 6 2009

The High Court has recently considered the application of the NT land rich provisions in relation to the acquisition of shares in a mining company


Part IVA not applied to complex corporate group restructure
  • Piper Alderman
  • Australia
  • 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
  • Australia
  • 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