Birchstone Brief for the week ended 13 January 2023

Section 100A Webinar

Don’t forget to register for our section 100A webinar next Tuesday 24 January at 11AM AWST/2PM AEDT, where Daniel Taborsky will dissect the finalised ATO guidance on section 100A (TR 2022/4 and PCG 2022/2).

What are the differences between the draft guidance and the finalised versions?

What should you be doing now?

Click the link below to find out more and to register.

The Financial Adviser’s Toolbox

As a financial adviser, the tools in your toolbox are what allow you to provide value to your clients.

Sharpen your tools by joining Birchstone Tax Law on Wednesday 15 February from 8AM for an in-person breakfast seminar at Frasers King’s Park as we run through some recent legal developments and strategies for your clients.

Click the link below to find out more and to register.

State Taxes

Duties (Qld): Rulings updated for AFAD exemption

The Queensland Treasury has updated the following rulings to reflect the exemption from additional foreign acquirer duty (AFAD) for certain eligible retirement visa holders on purchases of a principal place of residence occurring on or after 1 January 2023:

• DA 232.1.2; 
• DA 232.2.2;
• DA 000.14.3; and
• DA 000.15.3. 

The exemption was introduced by Revenue Legislation Amendment Act 2022 (Qld), which received royal assent and became law on 30 June 2022. 

Cases

Appeals

The taxpayer has applied to the High Court for special leave to appeal against the NSW Court of Appeal decision in Chief Commissioner of State Revenue (NSW) v E Group Security Pty Ltd (No 2) [2022] NSWCA 259. In that case, the Court of Appeal ruled that the taxpayer was liable to payroll tax in relation to arrangements between itself and 3 related companies which constituted “employment agency contracts” within the meaning of section 37 of the Payroll Tax Act 2007 (NSW).