Posts in Tax
Payroll Tax Implications for Arrangements Between Related Companies

A recent case in New South Wales has highlighted an important payroll tax risk for businesses operating through related companies. The decision in Chief Commissioner of State Revenue v E Group Security Pty Ltd (No 2) [2022] NSWCA 259 demonstrates how arrangements within corporate groups can trigger payroll tax liabilities under the Payroll Tax Act 2007 (NSW).

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High Court affirms asset protection strategy – one rule for husbands, another for wives

A common asset protection strategy for professionals and "at risk" individuals is to put the family home in the sole name of their "non-at-risk" spouse to protect the property from creditors.

This relies on an ancient principle known as the 'presumption of advancement'. In a bygone era, any amount paid by a husband to or for the benefit of his wife, was presumed to be a gift (unless there was evidence of a contrary intention).

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Foreign person trust amendments in NSW: What about land owned by a unit trust or company?

Do you have residential property held in a company or a unit trust and you don't want to pay the foreign person land tax or duty surcharges? - read on…

While there has been a lot of focus from law firms on the need to amend trust deeds for discretionary trusts that own residential land in NSW, little attention has been paid to the impact of the measures on a company or unit trust where a discretionary trust owns shares or units in the company or unit trust.

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Are you purchasing shares or units in a landholding trust or company? Beware!

In NSW when you buy land, you pay duty. When you buy shares in a company or units in a trust, you can also pay duty at land rates where the company or trust is considered a ‘landholder’. The NSW Government has now made it more likely that the acquisition of shares or units will be subject to duty at land rates, and also made it easier for them to collect that duty.

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