CGT Event K6

333 | CGT Event K6

CGT event K6 never happens alone - it is always triggered by another CGT event as Andrew Henshaw will tell you in this episode.

328 | Duplex Development

Putting a duplex development onto a site that was previously a main residence can throw a lot of tax issues at you.

327 | Duplex Development Brainstorming

In this duplex development brainstorming session let's talk about the tax implications of duplex developments.

311 | Who Gets The Family Home

What happens to your family home when your parents die? Here are Amanda Morton and Paul Goldin with some insights.

what changed on 1 July 2021

Update 27 | What changed on 1 July 2021

What changed on 1 July 2021? No rock the boat changes but still important to know. Here are 11 changes to look out for.

Taxation of IP

288 | Taxation of IP

The taxation of IP is about CGT, depreciation, instant asset write-offs and tax incentives. Here is Melissa McGrath with more details. 

share buyback

267 | Share Buyback

Any company can do a share buyback. The question is just whether it should. Here is Emily Pritchard of ACIS with more.

Home-Based Business CGT

265 | Home-Based Business CGT

Is your home-based business CGT safe? Or will you be hit with a huge tax bill when you sell your family home?

In Connection With Your Retirement

263 | In Connection With Your Retirement

Qualifying for the 15 year exemption depends on you passing the 'in connection with your retirement' hurdle.

UPDATE 22 | Eichmann Decision

The Full Federal Court has overturned the Federal Court's Eichmann Decision. Here is Andrew Henshaw of Velocity Legal in Melbourne with more.

The Eichmann Case

259 | The Eichmann Case

What exactly does it mean for an asset to be used in the course of carrying on a business? This is the question the Eichmann case brought before the courts. 

Pre CGT Company Assets After Death

253 | Pre-CGT Company Assets After Death

What happens to pre-CGT company assets at the death of the original shareholder? Here is Paul Mackenroth of Cleary Hoare with the answer.

COVID-19 Restructuring

UPDATE 19 | COVID-19 Restructuring

The current COVID-19 crisis might make more businesses eligible for the small business CGT concessions due to lower market values.

Bucket or Holding Company

247 | Bucket or Holding Company

Bucket company to the side or interposed holding company? Here is Geoff Stein of Brown Wright Stein Lawyers with some insights.

Main Residence Exemption for Foreign Residents

222 | Main Residence Exemption for Foreign Residents

The main residence exemption for foreign residents is changing as Andrew Henshaw of Velocity Legal will tell you in this episode.

Main Residence Exemption upon divorce or death

221 | Main Residence Exemption Upon Divorce or Death

What happens to the main residence exemption upon divorce or death? Andrew Henshaw of Velocity Legal in Sydney will give you the answer.

AirBnB triggers CGT

220 | AirBnB triggers CGT

Doing AirBnb triggers CGT when you sell your home. Here is Andrew Henshaw of Velocity Legal in Sydney with more.

Small Business CGT Concession Case Studies

166 | Small Business CGT Concession Case Studies

Here is Andrew Henshaw of Velocity Legal in Sydney with 5 case studies about the small business CGT concession. Because examples help.

Small Business CGT Concessions for Big Business

165 | Small Business CGT Concessions for Big Business

Big business and small business CGT concessions are not meant to meet. But there are ways as Andrew Henshaw of Velocity Legal will show you.

Trusts 101

155 | Trust 101 – Part I

In this episode Paul Goldin of Vectigal will give you a quick overview of simple mistakes around trusts - easy to make - easy to avoid - Trust 101.

Tax Talks Q & A

126 | Tax Talks Q & A

This  Tax Talks Q & A goes through 10 questions and comments you sent in up to April 2019.

age pension

121 | Age Pension

Qualifying for the age pension is an arduous exercise as you need to pass four hurdles. John Saunders of The Pittwater Partnership will go through these one by one.

Property vs Shares

116 | Property vs Shares

Property vs shares - how are they taxed differently?  Bob Deutsch, Senior Tax Counsel of The Tax Institute, pursues this question.

Life and Remainder Interest

115 | Life and Remainder Interest

A life and remainder interest is often used in a testamentary setting. Here is Michael McCarthy of Tax & Super Australia with more.

Review of Small Business Tax Concessions

106 | Review of Small Business Tax Concessions

The Board of Taxation is currently reviewing Australia's small business tax concessions.  Here is Dr Mark Pizzacalla with more details.

Trust Structure

91 | Trust Structure

Choosing the right trust structure is an important step to effectively manage and administer wealth. Here is Paul Mackenroth of Cleary Hoare with more.

Actuarial Certificates

84 | Actuarial Certificates

Not every SMSF needs an actuarial certificate. Whether you do or don't depends on a range of things. Here is Melanie Dunn of Accurium with the details.

CGT Rollovers When Restructuring

78 | CGT Rollover

A CGT rollover might be a great option when you can't get your hands onto a small business CGT concession. Here is Adrian Bailey of Cleary Hoare with the details.

74 | Small Business CGT Concessions

The small business CGT concessions are one of the most generous tax concessions in Australia. Adrian Bailey of Cleary Hoare will guide you through the details.

Basic Conditions When Selling Shares or Units

71 | New Basic Conditions When Selling Shares or Units

The basic conditions for small business CGT concessions have tightened. Adrian Bailey of Cleary Hoare will walk you through the changes.

Earnout Arrangements

49 | Earnout Arrangements

Most professional practices sell with an earnout arrangement. Patrick Huang of Argyle Lawyers will tell you how to treat these for tax purposes.

35 | Improving the Small Business CGT Concessions ED

"Improving the Small Business CGT Concessions" is the title of a new exposure draft. Patrick Huang of Argyle Lawyers will walk you through the details.

The Great Debate

33 | The Great Debate

If you could change one thing about the Australian tax system, what would it be and how? Robert Deutsch of The Tax institute asked that question. 

family law

18 | Family Law

To sort out the tax side of a relationship breakdown, it helps to understand the legal side. Here is Angelina Torrisi of Family Law Practice.


99 | Trust Resettlement

Trust resettlement scares many, but is actually quite rare to occur. A trust resettlement is a CGT event and hence triggers capital gain tax.
small business CGT concession overview

89 | Small Business CGT Concession Overview

This small business CGT concession overview will give you a rough map of the most generous concessions for small business in Australia. 
small business tax concession

87 | Small Business Tax Concessions

Small business tax concessions are an important feature of the Australian tax system. Here is a summary of the top 21.
Passively Held Assets

74 | Passively Held Assets

Passively held assets can still qualify for the small business CGT concession. They may if used in the business of a related entity.
UPE in the Maximum Net Asset Value Test

69 | UPE in the Maximum Net Asset Value Test

How do you treat a UPE in the maximum net asset value test? Do you include it? And if yes for which entity?
The 4 Small Business CGT Concessions

68 | The 4 Small Business CGT Concessions

The 4 small business CGT concessions are a huge tax concession. They can save our clients a lot of tax, hence money. They can change a life. 
Active Asset Test

67 | Active Asset Test

The active asset test is an important part of the basic conditions to qualify for the small business CGT concessions. 
Subdiv 152-E

66 | Subdiv 152-E

The rollover relief in subdiv 152-E is often overlooked. After all, it isn't an exemption but only a rollover. But 152-E deserves more attention.
Subdiv 122- B

65 | Subdiv 122-B

Subdiv 122-B is the equivalent to Subdiv 122-A. 122-B provides rollover relief when changing from a partnership to a company.
Subdiv 122- A

64 | Subdiv 122- A

Subdiv 122-A ITAA97 is about changing a business from a sole trader or trust to a company. 
Div 7a

63 | Div 7A Basics

Div 7a is one of the most common issues we run into when working with private companies. How does Div 7A actually work? 
15-Year Exemption

62 | 15-Year Exemption

The small business 15-year exemption is the most generous of the four small business CGT concessions.
Structuring Business and Wealth

61 | Structuring Business and Wealth

When structuring business and wealth, tax is just one part of the equation. It is a balancing act of many objectives. And a question of priorities.
Small Business Participation Percentage

60 | Small Business Participation Percentage

The small business participation percentage plays a crucial role when you sell shares or units and want to qualify for the small business CGT concessions.
CGT Concession Stakeholder

59 | CGT Concession Stakeholder

The concept of a CGT concession stakeholder is fundamental to claiming a small business CGT concession involving a company or trust. 
Affiliates and Connected Entities

55 | Affiliates and Connected Entities

The concept of affiliates and connected entities plays a crucial role around the small business CGT concessions.
Subdiv 328-G

54 | Subdiv 328-G

The restructure rollover in Subdiv 328-G is a useful tool in the arsenal of tax concessions assisting small business.
transferor trusts

52 | Transferor Trusts

If Australia didn’t have rules around transferor trusts, you could ‘park’ assets and income in overseas trusts.

51 | Trusts as Companies

Corporate unit trusts and public trading trusts are trusts in a legal sense but treated as companies for tax purposes.
taxation of deceased estates

50 | Taxation of Deceased Estates

The taxation of deceased estates can be easy and it can be tricky.  It depends on what goes in, what happens while it is in there and how it leaves.
control test

46 | Control Test

A non-fixed trust can only deduct tax losses and debt deductions if there is continuity of control of the trust. So here comes the control test.
50% Stake Test

45 | 50% Stake Test

The 50% stake test is all about who has been holding more than a 50% stake in the trust and whether that has changed from the loss to the income year.

44 | Pattern of Distributions Test

The pattern of distributions test only applies to non-fixed trusts without a family trust election.
Income Injection Test

43 | Income Injection Test

The income injection test applies to all fixed and non-fixed trusts including family trusts. The only exception are excepted trusts that are not family trusts.
Trust Losses

41 | Trust Losses

Trust losses are not subject to the Division 35 non-commercial loss rules.  Instead the trust loss provisions in Schedule 2F ITAA36 apply.
reimbursement agreement

40 | Reimbursement Agreement

A reimbursement agreement is an arrangement, where the trustee channels trust distributions via beneficiaries to a third party. 
Revocable trust

39 | Revocable Trust

A revocable trust is a pretend game.  So the Commissioner can put an end to the charade and tax the trustee instead.
CGT Event E4

38 | CGT Event E4

A CGT event E4 can only happen in relation to a fixed or hybrid trust interest. The non-assessable part results in a cost base adjustment per s104-70 ITAA97.
CGT Concessions in an Asset Sale

37 | CGT Concessions in an Asset Sale

How do the small business CGT concessions in an asset sale actually work out? Let's go through an example. 
Basic Conditions

36 | Basic Conditions for an Asset Sale

The basic conditions are the biggest hurdle to take before you can claim the small business CGT concessions. If you get over these, you are on the home run.
how to stream trust income

35 | Streaming Trust Income Example

How to stream trust income sounds confusing enough in theory but gets even more confusing when you drown in numbers. But here is a simple example.
streaming of trust income

34 | Streaming Trust Income

Streaming of trust income is a good way to tax-effectively channel income to the right beneficiaries.
Who Pays the Income Tax for a Trust

33 | Who Pays the Income Tax for a Trust

Beneficiaries and/or trustee pay the income tax for a trust. But who pays how much?
Unpaid Present Entitlement

32 | Unpaid Present Entitlement

The issue of unpaid present entitlements comes up pretty much every time you deal with a trust.
Taxation of Minors Div 6AA

31 | Taxation of Minors Div 6AA

The taxation of minors in Division 6AA is an anti-avoidance provision. Anybody channeling certain income to minors is hit with punitive tax rates.
Division 6 ITAA36

30 | Division 6 ITAA36

Division 6 ITAA36 is the foundation for the taxation of trusts. Everything else wraps around Division 6.

29 | What is a Trust

There are more than 800,000 trusts in Australia with assets totalling more than $3 trillion. But what is trust?
tax audits

27 | Tax Audits

Tax audits frighten most taxpayers and tax agents. They cost time and money. And you never know for sure how it will end.
Definition of Trust Income

23 | Definition of Trust Income

The definition of trust income in your deed determines who gets what income and as important who pays tax on what income. So you need to get this right.
CGT discount

20 | 50% CGT Discount

The 50% CGT discount in Div 115 has saved millions of taxpayers billions of dollars since it was first introduced on 20 September 1985.
Tax Rulings

19 | Tax Rulings

 Tax rulings form an important part of Australia's tax framework. They plug the holes that our tax laws leave behind.
Net Capital Gain

18 | Net Capital Gain

Calculating your capital gain or loss is only the first part of the exercise. The second part is working out the amount of your net capital gain.
ATO Penalties and Interest

17 | ATO Penalties and Interest

The Commissioner has the power to levy administrative penalties against taxpayers. ATO penalties and interest are some of the Commissioner's powers to keep taxpayers in line. 
Lodging an Objection

16 | Lodging an Objection

Lodging an objection is a first step. When you don't agree with the ATO and want to do something about it.