When you need the<br>latest tax knowledge

When you need the
latest tax knowledge

Taxation in Australia

The Taxation in Australia Journal

Written by practitioners for practitioners Taxation in Australia® is continually ranked as Australia's leading tax journal.

Access the latest issue of Taxation in Australia in print, on your iPad or Android tablet, or online with our new digital edition.

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With a readership exceeding 35,000, Taxation in Australia is published 11 times per year and available exclusively to members in hard copy and online format, and now as an app on the Apple iPad and on Android tablets. This comprehensive publication features articles with a strong, practical approach to the latest tax issues and professional development. It is affectionately known as the Blue Journal.

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Articles from the current issue:

  • The ever-increasing reach of New Zealand’s general anti-avoidance rule Add to cart

    01 Sep 2014

    In New Zealand, the reach of the general anti-avoidance rule (GAAR) has increased in recent years, driven not by legislative amendments but by changes in Inland Revenue practice and judicial attitudes. This has seen the New Zealand Inland Revenue achieve a remarkable run of successes in GAAR cases before the courts. In a recently released draft statement, Inland Revenue has considered the potential application of the GAAR to four relatively simple intra-group  arrangements. In this article, the authors summarise the four fact scenarios considered in the statement and examine the basis on which Inland Revenue concludes that the GAAR would or would not apply (as the case may be) in each scenario. The four scenarios represent relatively commonplace intra-group arrangements. This means that an understanding of Inland Revenue’s approach will be relevant to an assessment of tax risk for many New Zealand businesses.

  • Tax cases: Hunger Project Australia Add to cart

    01 Sep 2014

    Is an organisation which raises funds solely for the use by others in the relief of poverty, rather than engaging in direct distribution itself, a public benevolent institution?

  • Tax tips: GST: Contractual issues Add to cart

    01 Sep 2014

    Although GST is now 14 years old, difficulties still arise out of GST clauses in contracts for the sale of land. That this is the case is illustrated by two decisions of the Victorian Supreme Court. One of the decisions also indicates that consumer protection laws may be relevant in some circumstances.

  • Dempsey: Don’t call Australia home Add to cart

    01 Sep 2014

    Determining the tax residency of an Australian living overseas requires a detailed factual inquiry. It is accepted that the term “resides” has its ordinary meaning and involves an inquiry as to whether the facts of the case are within that ordinary meaning. For that reason, taxation cases involving questions of residency tend to be decided by the Administrative Appeals Tribunal rather than the Federal Court.

    This article examines recent cases on residency decided by the tribunal, including the Dempsey case. The purpose is to determine whether Dempsey is a decision turning on unique facts, or whether it signifies a broader trend in residency cases in the tribunal requiring a change to the Commissioner’s administrative practice. The article argues that the case highlights the danger of the “rules of thumb” typically applied by the ATO and tax practitioners in this area, and the importance of a genuine inquiry into all of the taxpayer’s circumstances.

  • The Commissioner’s hypothesis about your business – Transfer pricing observations Add to cart

    01 Sep 2014

    In Australian income tax law, there are two areas in which the Commissioner of Taxation may advance a hypothesis about how business transactions should have been undertaken, or that a particular business transaction would not have been undertaken. These are the general anti-avoidance rules in Pt IVA of the Income Tax Assessment Act 1936 (Cth) and the transfer pricing rules in Div 13 of Pt III of that Act, and Div 815 of the Income Tax Assessment Act 1997 (Cth). Both areas have recently been subject to amendment. This article examines elements of the new transfer pricing rules concerning the formulation of hypotheses, with a view to identifying likely ar eas of difficulty for both taxpayers and the A TO.

    The article also considers recent findings concerning the ATO management of transfer pricing matters. In the author’s view, recent Div 13 cases continue to provide helpful guidance when considering the formulation of hypotheses under the new rules.

  • A minor miracle...simplified documentation for SMEs Add to cart

    01 Sep 2014

    It has long been argued that the Australian Taxation Office’s expectations as to transfer pricing (TP) documentation from SME taxpayers is not only a time-consuming administrative burden, but also a considerable compliance cost bur den. Recently, the ATO commenced a TP documentation “simplification” project for what it regards as “low-risk” dealings by small taxpayers with a turnover of up to $25m and small distributors with a turnover of up to $50m. The outcome of this project, for an initial test period of three years, will be that “safe harbours” will apply to those entities that satisfy the ATO’s “low-risk” criteria. Formalisation of administrative concessions in this regard is expected later in 2014. This will be welcome news for eligible taxpayers, as their compliance costs should reduce significantly.

    This article examines the A TO’s proposals and, while commending the ATO for this initiative, argues that the proposals do not go far enough in their present form.

  • How tax can help infrastructure investment Add to cart

    01 Sep 2014

    New methods of financing infrastructure projects, including an emphasis on public–private partnerships (PPPs) as well as targeted tax reforms, are critical in ensuring future investment in Australian infrastructure. One of the private sector concerns with PPPs is the cost of bidding for projects. Complex taxation issues associated with PPPs, including the treatment of leases, deductibility of interest and depreciation of fixed assets, contribute to the cost burden. However, there are ways to resolve these issues within the current policy framework.

    This article examines a number of possible tax-related reform opportunities designed to promote investment in Australian infrastructure. These possibilities include a code for the taxation of government-funded PPP infrastructure projects, greater promotion of foreign investment in Australian infrastructure projects through tax reform, flow-through investment vehicles, investment in infrastructure assets by superannuation, reforming the thin capitalisation rules, and aligning the rules for unit trusts and companies in various areas.

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