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Results: 1-10 of 36

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


FOFA commences 1 July 2013
  • Piper Alderman
  • Australia
  • June 26 2013

The FOFA reforms will commence on 1 July 2013 for all financial service providers who have not already opted in. This will result in fundamental


Limitations on a general power of investment in a scheme constitution
  • Piper Alderman
  • Australia
  • June 26 2013

It is common to see in a constitution for a registered scheme a general power in similar terms to the following: "The responsible entity shall have


Model litigant rules
  • Piper Alderman
  • Australia
  • May 24 2013

The Australian Taxation Office is subject to Model Litigant Policy under Legal Services Directions made by the Attorney-General. In a recent case a


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


Taxation treatment of Namoi River Groundwater Structural Adjustment Program payment
  • Piper Alderman
  • Australia
  • May 27 2011

A taxpayer received a Groundwater Structural Adjustment Program (GSAP) payment from the NSW Government as part of its “Achieving Sustainable Groundwater Entitlements” Scheme which was an amount of structural adjustment assistance paid to high level users of water that was directly linked to the reductions in their access to water


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


GST general anti-avoidance provision
  • Piper Alderman
  • Australia
  • August 29 2012

The Full Court of the Federal Court recently had to consider the application of the general anti-avoidance provisions as well as the application of the margin scheme


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


Limited partnership USA double tax agreement
  • Piper Alderman
  • Australia, USA
  • May 24 2013

In broad terms, non-residents are required to include in the calculation of their net capital gains, any capital gains or capital losses made with