Recent Developments

A summary of selected tax developments for the week ending 20 Jan 2011

On 21 December 2011 the ATO released TR 2011/D8 dealing with the relationship of the new corporate law rule for dividends and the tax legislation, along with counsel’s legal opinion it has obtained as part of the process. Unfortunately the draft ruling creates as many uncertainties as it solves. This tax brief discusses the draft ruling and the associated legal opinion.

A summary of selected tax developments for the week ending 13 Jan 2011

A summary of selected tax developments for the week ending 6 Jan 2011

On Tuesday 1 November 2011 when the foreigners were taking over the Melbourne Cup, the Assistant Treasurer put out a Press Release and Consultation Paper which deals with a number of well known issues in the transfer pricing area but has a surprise for foreigners – a retrospective amendment to the law to support the Australian Taxation Office view that tax treaties provide a separate power to make transfer adjustments.

A summary of selected tax developments for the week ending 16 December 2011

君睿•辉皓(君辉)税务事务所针对资源、地产及私募股本行业分别为中国的投资者撰写了一份澳大利亚税务问答， 旨在为中国的投资者解答有关这三个领域投资的常见的澳大利亚税务问题。

 

A summary of selected tax developments for the week ending 9 December 2011

In our recent Tax Brief on distribution confusion, we discussed two fact sheets that the ATO had circulated in draft dealing with the impact of the 2010 changes to the Corporations Act 2001 dividend rule in section 245T and the associated tax law change. Most concern revolved around the conclusion that a dividend which produced or increased negative retained earnings was assessable for tax purposes but unfrankable to the extent it represented negative retained earnings. The reasoning for this conclusion left us and many others scratching their heads in confusion.

On 25 November 2011 the Assistant Treasurer issued a press release announcing a range changes to the tax consolidation regime, some with retrospective application. This Tax Brief considers the critically important changes announced in that press release and associated material also released on that day.