Your shopping cart is empty

Search Journal Articles

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

Published 11 times per year, the 'blue journal', as it is affectionately known, is available exclusively to members.

From May 2019, it is available in an all-new digital format, with new tools and features to boost your productivity.

Important: You may need to download software to view the digital edition. Read more in our FAQs or watch the video below.

Access the latest issue here

This comprehensive publication features articles with a strong, practical approach to the latest tax issues and professional development.

Access the latest issue in an all-new digital format by clicking the button below. You will need your website log in details to access.



Articles from the current issue:

  • Structuring cross-border transactions: Part 1

    shopping_cart Add to cart 01 Apr 2020

    TD 2019/D6 and TD 2019/D7 raise important considerations in international tax planning and the structuring of Australian investments, as all capital gains (whether foreign-sourced or not) that are attributed to a foreign resident beneficiary of an Australian resident trust are now assessable to that beneficiary, unless the trust is a fixed trust. The draft determinations are contentious due to a disconnect between the relevant legislative provisions and the ATO’s interpretation of them, and as they do not address Australia’s double tax agreements. Further, they lead to differing tax outcomes for foreign residents assessed on capital gains from the disposal of non-taxable Australian property, depending on the structure through which they derive that gain. Consequently, foreign resident taxpayers require more clarity on this aspect of Australian tax law.

  • The director penalty regime and its extension to GST

    shopping_cart Add to cart 01 Apr 2020

    With effect from 1 April 2020, company directors will have a heightened risk of being made personally liable for their company’s outstanding tax liabilities. Pursuant to the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020, which received royal assent on 17 February 2020, the director penalty regime has been extended to make company directors personally liable for unpaid GST (including luxury car tax and wine equalisation tax). The measures, which were introduced as part of the government’s ongoing reform of Australia’s corporate insolvency regime, will impact many company directors as it is very common for businesses to have GST debts. It is critical that directors ensure that all business activity statements and GST returns are lodged before the statutory lockdown date, to ensure that they can achieve remission of their personal liabilities by placing the company into administration or appointing a liquidator.

  • SMSF death benefit distributions: Lessons from Marsella v Wareham

    shopping_cart Add to cart 01 Apr 2020

    Careful attention to succession planning for a self-managed superannuation fund (SMSF) can ensure a smooth transfer of wealth following the death of a member. A key part of the execution of any succession plan is the SMSF trustee(s). When the interests of the SMSF beneficiaries are not put first by the trustee(s), serious ramifications can result. The decision in Marsella v Wareham looked at both the actions of the trustees and the documentation (including correspondence between the parties) to assess
    whether the trustees had indeed breached their fiduciary duties. This case highlights key lessons for SMSF trustees, members and advisers in the planning and execution of SMSF administration after the death of a member.

  • Death and income tax – Some discrete issues: part 2

    shopping_cart Add to cart 01 Apr 2020

    This is the final part of a two-part series examining some standalone issues about tax and deceased estates. This article looks at the intricacies of the main residence exemption as it applies to a trustee or beneficiary of the estate. It examines how the cost base of the deceased’s dwelling is determined in the hands of the trustee/beneficiary and the conditions that need to be satisfied for a full exemption, including the Commissioner’s safe harbour for the sale of a dwelling outside the standard two-year exemption period. Importantly, the article also considers the recent changes that can deny the main residence exemption in some cases where the deceased person or beneficiary is a foreign resident. This article also considers when an agreement will be accepted by the Commissioner as satisfying the requirements of s 128-20(1)(d) of the Income Tax Assessment Act 1997 (Cth) as being a deed of arrangement under which an asset passes to a beneficiary.

Search All Articles
Eg. TD 2005/D52 ALL words EXACT phrase WITHOUT words Journals Date range