422 | Employee Share Option Plans (ESOP)

Employee Share Option Plans - or ESOPs - give you an option to receive a share. That option might vest in the future, or it might not. Hence, taxation occurs only at the vesting point. Or in other words: The taxation point is at the point of vesting.

421 | Employee Share Plans (ESP)

Employee Share Plans (ESP) give you shares without any strings attached. They are taxed upfront.

Amendment Period Changes

411 | Amendment Period Changes

So far you could assume a 2-year amendment period for most SMEs. Not anymore. Here is what the update of Regulations 2015 change for you.

407 | s99B ITAA 1936

s99B ITAA 1936 is about foreign trusts paying accumulated income to Australian resident beneficiaries. Take away one of these elements, and you don't have a s99B issue.

s100A pain points

Update 35 | s100A Pain Points

There are many s100A pain points - let's cover five in this update.

366 | ASIC Deregistration of Insolvent Companies

ASIC deregistration of insolvent companies can be a deliberate strategy.

365 | When To Call It A Day

As your business struggles, when is it time to call it a day? Here is Ben Sewell with nine more questions to ask.

364 | When Your Business Can’t Pay Its Bills

What should you do when your business is struggling? There are 19 questions to ask.

357 | US – AU Tax Questions

When you structure across the US - AU border, you easily run into the following six questions.

356 | Expansion Into The US

When your clients plan an expansion into the US, they will most likely ask you how to structure this. 

US Public and Private Markets

355 | US Public and Private Markets

How you structure your investment into US public and private markets depends on the following seven factors as Peter Harper of Asena Advisers will tell you in this episode.

352 | Amendment Periods

Amendment periods determine how much time you have to fix a tax return.

348 | CGT Moving Back To Australia

When you move from the US back to Australia, your tax position faces two big issues: CGT and your 401k.

342 | TPB Q & A

In this TPB Q & A we ask the TPB three important questions about branding, overseas staff and supervision.

US 16 | Non-ECI Non-FDAP

Non-ECI Non-FDAP - how is US sourced income that is neither ECI nor FDAP taxed in the US if derived by a non-resident?

US 15 | LLC Income

How LLC income is taxed in the US  - disregarding any treaty position - depends on three things as Gary Carter 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.

326 | Tax Deducting Your Home Loan

Can you still claim the main residence exemption while tax deducting your home loan?

323 | Missing Trust Distributions

Missing trust distributions can cost you a lot of money unless you have a default beneficiary.

US 12 | Australian Trust Holds LLC

For an expansion into the US is it best if your Australian trust holds LLC interests directly? Rather than going through a C-Corp?

US 11 | Australian Loan to US

When you give an Australian loan to US operations, should you loan to your US blocker or directly to your US trading entity?

US 10 | LLC Plus Blocker

When would you set up an LLC plus blocker to expand into the US market? Marsha Dungog of Withers has the answer.

320 | Inbound Investments

Inbound investments have implications for Australian tax. Clint Harding of Arnold Bloch Leibler in Sydney will tell you what they are.

319 | Cross-Border Royalties

Cross-border royalties - what do you need to look out for when your client pays royalties to an entity overseas?

US 8 | LLC or C-Corp

As a non-US tax resident, should you run your US business through an LLC or C-Corp?

318 | To Block Or Not To Block

To block or not to block - that is the question Clint Harding and Alex Rasmussen will discuss with you in this episode.

PSI Rules

301 | PSI Rules

PSI or PSB? The answer can cost or save you tax. Here is Andrew Henshaw of Velocity Legal in Melbourne with the details.

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. 

Expand Into New Zealand

286 | Expand Into New Zealand

How to you expand into New Zealand? What GST and income tax implications does this have? Here is Mike Reddy of

expand overseas

285 | Expand Overseas

What happens to your tax position when you expand overseas? Here is Clint Harding of Arnold Bloch Leibler in Sydney with the anwer.

US Stimulus Cheques

US 6 | US Stimulus Cheques

How do you treat the US stimulus cheques in Australian tax returns? Seth Hertz of US Expat Tax in Sydney will give you the answer.

Testamentary Trust Law Change

UPDATE 25 | Testamentary Trust Law Change

There has been a significant testamentary trust law change affecting how distributions to minors are taxed.

going awol

276 | Going AWOL

Will going AWOL save you money? What happens when your company keeps trading but ignores all ASIC and tax debts? 

how to save stamp duty

268 | How To Save Stamp Duty

In this episode Geoff Stein of Brown Wright Stein Lawyers in Sydney will discuss ways with you to reduce stamp duty.

the budget

UPDATE 23 | The Budget

Here are the 10 most important tax concessions announced on budget night 6 October 2020.

Jobkeeper Changes

UPDATE 20 | Jobkeeper Changes

The upcoming Jobkeeper changes will affect whether you continue to qualify and how much you get if you do.

Land Tax

248 | Land Tax

NSW land tax is a charge on any land in NSW you hold as of 31 December unless an exemption applies. 

Commercial Tenancies Code

UPDATE 9 | Commercial Tenancies Code

The Commercial Tenancies Code might be the lifeline you need. Here is Scott McKenzie of Velocity Legal with more.

Property and Tax

235 | Property and Tax

What are the most current changes around property and tax? Here is Bob Deutsch of The Tax Institute with some insights.

US Individual Tax Return

US 5 | US Individual Tax Return (Form 1040)

How do you 'read' an US individual tax return for Australian tax purposes? This is the question we asked Seth Hertz of Expat US Tax.

US v Australian Tax for Individuals

US 4 | US v Australian Tax for Individuals

US v Australian tax for individuals  - how is US tax different from Australian tax and vice versa? Here is Seth Hertz with some insights.

US Tax For Individuals

US 3 | US Tax For Individuals

US citizens living in Australia are taxed on their worldwide income in Australia but also in the US. Here is Seth Hertz of Expat US Tax with more.

International Tax Update

228 | International Tax Update

What are the three biggest issues around international tax at the moment? Here is Bob Deutsch with some thoughts.

netflix tax

197 | Netflix Tax

In this episode Simon Dorevitch of A & A Tax Legal Consulting in Melbourne will tell you how the so-called Netflix tax actually works.

taxable importations

190 | Taxable Importations

You pay GST on taxable importations but get it back if a creditable importation. Here is Simon Dorevitch of A & A Tax Legal Consulting with more.

Tax Effective Structuring

189 | Tax Effective Structuring

Tax effective structuring is not a one-size-fits all. Andrew Henshaw of Velocity Legal in Sydney will walk you through the options you have.

the 2019 harding case

154 | The 2019 Harding Case

Since the 2019 Harding case a permanent place of abode no longer needs to be a specific dwelling. Here is Andrew Henshaw of Velocity Legal with more.

insights of a tax lawyer

147 | Insights of a Tax Lawyer

The following insights of Andrew Henshaw of Velocity Legal will give you hands-on advice how to handle a tax dispute with the ATO.

how tax law is made - part 2

146 | How Tax Law is Made – Part 2

In this episode Robyn Jacobson of TaxBanter will walk you through the judiciary (courts) and administrative side (ATO) of our tax law system.

How Tax Law is Made - Part 1

145 | How Tax Law is Made – Part 1

Australia's three independent arms of government shape our tax system. Robyn Jacobson of TaxBanter will tell you more.

Tax Simplification

144 | Tax Simplification

If we can't reform our tax system, should we try to at least simplify it? Here is Chris Evans of UNSW with some insights.

Tax Reform

143 | Tax Reform

In this episode Chris Evans of UNSW looks at tax reform and why this seems to be an insurmountable task in Australia.

136 | ATO Disputes

ATO disputes do not count as the most pleasant life experience for most.  So how can we avoid them or manage them? Andrew Henshaw of Velocity Legal will give you an answer. 

Power of Attorney and Enduring Guardianship

134 | Testamentary Trust Basics

In this episode Peter Bobbin of Argyle Lawyers will tell you when a testamentary trust makes sense - and when it doesn't.

133 | ITAA97 NANE

In this episode Peter Bobbin of Argyle Lawyers will tell you more about a new non-arm’s length concept - non-arm’s length expenses - NANE.

132 | ITAA97 NANI

s295-550 ITAA97 doesn't get much limelight but is much more dangerous than s109 of the SIS Act. Here is Peter Bobbin of Argyle Lawyers with more.

131 | SIS Act NANI

Non-arm's length income features in most court cases around the sole purpose test as Peter Bobbin of Argyle Lawyers will explain in this episode.

Death Benefit

123 | Death Benefit

A death benefit is any payment your super fund makes after you die. Here is Gordon Mackenzie of UNSW with more.

Changes to the R & D Tax Incentive

107 | Changes to the R&D Tax Incentive

The R & D tax incentive is about to change. Simon Dorevitch of A&A Tax Legal Consulting will tell you 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.

aged living

102 | Aged Living

How do we support aged living in Australia?  John Saunders of The Pittwater Partnership will walk you through the options.

trust income streaming

97 | Trust Income Streaming

Trust income streaming is an important feature of non-fixed trusts. Here is Paul Mackenroth of Cleary Hoare with the details.

Taxation of Trusts

96 | Taxation of Trusts Div 6 ITAA36

The taxation of trusts lives in the 'old' ITAA36. Paul Mackenroth of Cleary Hoare in Brisbane will walk you through the framework of Division 6. 

Revocable trusts

94 | Revocable Trusts

Section 102 of ITAA36 about revocable trusts is an anti-avoidance provision.  Paul Mackenroth of Cleary Hoare in Brisbane will tell you more.

Phoenix Activity

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.

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.

Set Up a Discretionary Trust

90 | Set Up a Discretionary Trust

How do you set up a discretionary trust? Paul Mackenroth of Cleary Hoare in Brisbane will walk you through the process.

Duties of Trustees

89 | Duties of Trustees

The relationship between trustee and beneficiary is defined by rights and duties. Paul Mackenroth of Cleary Hoare in Brisbane will tell you more.

TRIS to Retirement Phase

88 | TRIS to Retirement Phase

When moving a TRIS to retirement phase, does it matter when you notify the trustee? Meg Heffron of Heffron SMSF Solutions has the answer.

when a member dies

87 | When a Member Dies

When a member dies, there is a lot to deal with in the aftermath - including the member's SMSF. Here is Meg Heffron of Heffron SMSF Solutions with the details.

Bring-Forward Rule

86 | Bring-Forward Rule

The bring forward rule for non-concessional contributions now needs to work around the TSB. Meg Heffron of Heffron SMSF Solutions will tell you more.

how to maximise ECPI

85 | How To Maximise ECPI

To minimise tax you need to maximise your exempt current pension income (ECPI). Melanie Dunn of Accurium will tell you how.

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.


82 | Segregation

To segregate or not - that is a big question and affects ECPI. Melanie Dunn of Accurium will walk you through the details.

Common reporting standards

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.

R&D tax Incentive

34 | R&D Tax Incentive

The R&D Tax Incentive can help companies to survive and prosper. But how? Kevin O'Hara of Techwitty 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. 

Debt or Equity

32 | Debt or Equity

Is it debt or equity? Scott Treatt of Pitcher Partners will walk you through Div 974 that governs the classification of debt and equity.

The Panama Papers

30 | The Panama Papers

The Panama Papers were the scandal the world had to have. In this episode Ben Sewell of Sewell & Kettle in Sydney tells us how it happened and what it meant.

estate planning

28 | Estate Planning

Estate planning is complex because it has so many moving parts: trust law, super law, tax law, family law. Ben Symons of State Chambers, NSW will walk you through the jungle.

offshore tax havens

26 | Offshore Tax Havens

How do you set up shop in an offshore tax haven? Ben Sewell of Sewell & Kettle shows you what it takes and a few more things along the way.

Partial Commutations Require an AFSL

25 | Partial Commutations Require an AFSL

Are we as tax advisers allowed to partially commute balances from pension back to accumulation? Here is David Moss of Merit Wealth on this issue.

NSW payroll tax exemptions and rebates

24 | NSW Payroll Tax Exemptions And Rebates

Payroll exemptions and rebates are not harmonised across Australia. Here are Andrew Fricot and Ankur Dhar of Revenue NSW with the details. 

Sole Purpose Test

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.


16 | What is a CFD?

CFDs are complicated. Jonathan Preston of HomeLoan Experts traded CFDs for quite a few years and will walk you through the ins and outs of CFD trading.

fringe benefits tax

15 | Fringe Benefits Tax

FBT can be complicated and confusing. Claire Thornett of WLF will give you a comprehensive overview of the FBT system in Australia.


10 | Objections & Appeals

How do objections and appeals work? King Tan of King & Wood Mallesons will give you an answer and much more.

risk review

7 | Risk Reviews & Tax Audits

How to manage a risk review or tax audit? King Tan of King & Wood Mallesons freely shares his knowledge and expertise with you here.

ATO Tax Dispute

4 | Lifecycle of a Tax Dispute

King Tan of King & Wood Mallesons will walk you through the lifecycle of a tax dispute. All the way from pre-engagement to objections and appeals.

Payroll tax

1 | Payroll Tax

Most of Australia's payroll tax legislation is harmonised across Australia. Andrew Fricot and Ankur Dhar of Revenue NSW will show you.


Payroll tax

95 | Do I Have To Pay Payroll Tax?

Payroll tax is often your blind spot. You hire more staff and contractors as the business grows. And suddenly payroll tax is an issue..
gifts and contributions

94 | Gifts and Contributions

Every donation of money or property to a charity is either a gift or contribution.
minor benefit rule

93 | Minor Benefit Rule

The minor benefit rule is the one exception that turns a non-deductible contribution into a tax-deductible gift. 
deduct travel expenses

91 | Deduct Travel Expenses

When you deduct travel expenses from your income you save tax. That is a good thing. But you are also more likely to get audited.
Lodge a tax return

88 | When to Lodge a Tax Return

Do you need to lodge a tax return for individuals? Usually YES but often NO. The rules can be confusing at the best of times.
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.

75 | Tax Positions in Class

Tax positions in Class Super - or any accounting software for that matter - can be confusing. So here is a short overview for Class Super.
Income Tax Payable and Provision for Income Tax

71 | Income Tax Payable and Provision for Income Tax

Your Statement of Financial Position usually shows an income tax payable and a provision for income tax. What is the difference?
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.
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.
unit trusts fixed

42 | Are Unit Trusts Fixed

A unit trust is a very common feature in Australia. Most widely held trusts are unit trusts. But when are unit trusts fixed trusts and when not?
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.
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?
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.

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?
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.
are tolls car or travel expenses

21 | Are tolls car or travel expenses

Tolls are travel expenses and subject to GST (just in case you were wondering). And it makes sense when you think about it.
Tax evasion

14 | Tax Evasion

Tax evasion is a heavy word. Accuse somebody of tax evasion and you surely get their attention. But what is tax evasion?
Amendment Periods

13 | Amendment Periods

Amendment periods can work for or against you, depending on who wants to change what and when.
Payment Arrangement

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.
Director Penalty Notice

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.
Taxpayer's Charter

10 | Taxpayer’s Charter

It might feel at times as if you have no rights against the ATO. But you do. They are listed in the Taxpayers' Charter.
lodging income tax return

9 | Lodging Income Tax Returns

The Commissioner of Taxation decides who needs to lodge tax returns in what form and by what date. The law itself is relatively silent on the matter.
Tax Collection

8 | Tax Collection

Tax collection is an essential function of our tax system. Imagine if that wasn't working. It would undermine everything.
Minimum Pension Payments

7 | Minimum Pension Payments

When you start a pension, you need to make minimum pension payments. Otherwise your fund loses its tax exempt status.
withdraw from accumulation

6 | Withdraw from Accumulation

Can you withdraw from accumulation accounts in your SMSF? If you have met a condition of release, the answer is Yes. If you haven't, the answer is a big No.
Tax Deduction for Conference Travel

4 | Tax Deduction for Conference Travel

How much can you claim as a tax deduction for conference travel? You might have to reduce the claim for any private portion. Here is how.
Tax Deduction for Fundraising Events

3 | Tax Deduction for Fundraising Events

If a charity event passes the Minor Benefit Rule, the DGR charity can issue a tax receipt for parts of the ticket price and auction proceeds. Here is more.
tax deduction for gifts and donations

2 | Tax Deduction for Gifts and Donations

The tax deduction for gifts and donations sits in Division 30 of ITAA 97 Deductions for Gifts and Contributions. There is a lot in that title. Let's dissect it.
Commissioner's Effective Life of Depreciable Assets for 2019

1 | Commissioner’s Effective Life of Depreciable Assets for 2019

The Commissioner publishes a Taxation Ruling each year listing the effective life of depreciable assets. Here is a handy overview for small operators.