Further blood drawn on section 100A and the meaning of ordinary family or commercial dealing

In September, Justice Thawley of the Federal Court handed down his decision in BBlood Enterprises Pty Ltd v Commissioner of Taxation [2022] FCA 1112, the most recent case tried in the ATO’s focus on section 100A ITAA36. Although the taxpayer was not successful on the facts in the case, amongst other elements of section 100A …

McCullough Robertson appoints female Chair as it looks to the future and its centenary

One of Australia’s leading independent law firms, McCullough Robertson Lawyers, today announced a number of changes to the Executive Leadership team, including the appointment of Kristan Conlon as Chair of Partners. Ms Conlon takes up her position as Chair of Partners immediately, replacing Reece Walker who has held the position of Chair since 2019 and …

Beware the foreign asset in an Australian discretionary trust: The ATO’s final Determinations emphasise the need for review and legislative change.

The Commissioner has finalised his Taxation Determinations TD 2022/12 and 2022/13 regarding the taxation of capital gains made by foreign beneficiaries of Australian resident discretionary trusts on the sale of non-taxable Australian property.  These determinations follow the current law as confirmed in Greensill and N&M Martin, and again reinforce the need for review of the …

Offshore wind on Australia’s horizon

The realisation of offshore wind projects in Australia is shifting closer, thanks to a more renewables-focused Commonwealth Government, increased cost competitiveness of renewable projects, and fluctuations in the fossil fuel markets. Australia moves to declare its first offshore renewable energy zone Most recently, the Minister for Climate Change and Energy, Chris Bowen MP, announced his …

QBCC head contractor licensing exemption confirmed as remaining in force

Overview The head contractor licensing exemption under section 8, Schedule 1A of the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) has officially been confirmed as remaining in force, with the Building and Other Legislation Amendment Act 2022 (Qld) (the Amendment Act) receiving assent on 10 June 2022.  McCullough Robertson’s Insight article dated …