Law Archives - Tax Talks

271 | Company Constitutions

What is the difference between company constitutions and shareholder agreements? Should you just have one or do you need both?

269 | Intern or Employee

How do you tell whether somebody is an intern or employee? Where does an intern stop and employee start?

262 | Declaring a Dividend

Declaring a dividend is not that straight forward. There are 5 steps to run through. And heavy penalties await if you get this wrong.

255 | Family Provision Claims

Here is Paul Mackenroth of Cleary Hoare about what happened with the family provision claim in the Marsella case and how to avoid it.

UPDATE 18 | COVID-19 Debt Hibernation

COVID-19 debt hibernation: All debts put into a box and locked up until 24 September 2020. Here is Ben Sewell of Sewell & Kettle with more.

UPDATE 17 | COVID-19 Tenancy Law

COVID-19 tenancy law is fuzzy, so it all comes down to negotiation or - if you can't agree - the tribunals, as Ben Sewell will tell you in this episode.

UPDATE 16 | COVID-19 Insolvency Law

COVID-19 insolvency law is to help you survive. To get through this crisis alive. Here is Ben Sewell of Sewell & Kettle with the details.

UPDATE 13 | COVID-19 Contract Law

What happens to contract law during COVID-19? Here is Geoff Stein of Brown Wright Stein Lawyers in Sydney with some insights.

UPDATE 12 | COVID-19 Employment Law

Things have become more flexible under COVID-19. In this episode Ben Thompson of Employment Hero will tell you how.

UPDATE 11 | Employment Law Before COVID-19

What did employment law before COVID-19 look like? Here is Damien Gooden of HR Central with some insights.

210 | Asset Protection

The more assets, the more asset protection you need. Here is Geoff Stein of Brown Wright Stein Lawyers in Sydney with more.

156 | Trust 101 – Part II

Here is Part II of Paul Goldin's overview of simple mistakes that are easy to avoid but even easier to make - Trust 101 Part II.

142 | RG 146

RG 146 is an ASIC regulation listing the minimum training you need to give financial advice. Here is Mark Sinclair of Mentor Education.

139 | Incoterms

Incoterms are pre-defined commercial terms. Simon Dorevitch of A & A Tax Legal Consulting will tell you what they mean.

135 | Power of Attorney and Enduring Guardianship

Peter Bobbin of Argyle Lawyers will talk about enduring power of attorney and enduring guardianship. Listen in to know their difference.

116 | Property vs Shares

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

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.

113 | Binding Death Benefit Nomination

Binding death benefit nominations are an important part of SMSF succession. Daniel Butler of DBA Lawyers will tell you more.

93 | New Safe Harbour for Directors

The new safe harbour rules for directors aim to change the insolvency culture in Australia. Ben Sewell of Sewell & Kettle will give you the details.

92 | Phoenix Activity

Phoenix activity is a common phenomenon in the Australian tax ecosystem. Ben Sewell of Sewell & Kettle will tell you how phoenixing works.

62 | Electronic Signatures

What is legally valid when signed electronically? Christine Ecob and Georgina Xiradis of JWS will walk you through the legal framework.

36 | Common Reporting Standards

Tax havens start talking to the ATO thanks to the new Common Reporting Standards. Ben Sewell of Sewell & Kettle provides a helpful overview.

19 | Sole Purpose Test

According to the ATO the sole purpose test is the most commonly breached rule. Manoj Abichandani of Online SMSF Auditor discusses the issue.

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.

53 | Ryan Wealth v Baumgartner

Ryan Wealth v Baumgartner is the latest calamity in the new practice by trustees to get the SMSF auditor to pay for dumb investment decisions.

49 | Joint Tenants or Tenants in Common

You got married and just bid on a house. Should you buy the house as joint tenants or tenants in common?

47 | Deceased Estates

When you die, everything you own will go into your deceased estate unless specifically excluded. And the devil is in these exclusions.

12 | Payment Arrangements

Payment arrangements with the ATO are expensive due to high interest rates. So best to avoid using the ATO as a bank.

11 | Director Penalty Notice

A director penalty notice allows the ATO to cut through the corporate veil of a company and go for the individuals behind it - the directors. Here is more.