Insights

Dan's Deliberations A non-resident makes a capital gain on an asset they own personally that is not Taxable Australian Property. Result = not taxable. A non-resident beneficiary receives a distribution from an Australian resident fixed trust of a capital gain on an...

Upcoming events Don’t get caught out on June 30: What you need to know about Trust Distributions and Division 7A (Webinar) On Tuesday June 15 at 11am AWST, Birchstone Tax Law will be hosting a free webinar on trust distributions and Division 7A. To find out more...

Upcoming events Don't get caught out on June 30: What you need to know about Trust Distributions and Division 7A (Webinar) On Tuesday June 15 at 11am AWST, Birchstone Tax Law will be hosting a free webinar on trust distributions and Division 7A. To find out more...

Upcoming events Where should the money go? Understanding New ATO PCG 2021/D2 (Webinar) On Friday at 11am AWST, Birchstone Tax Law will be hosting a free webinar on the new ATO PCG 2021/D2. To find out more details and register, click here. If you can’t make it,...

ATO Update ATO updates ruling: Permanent establishments The ATO has issued an Addendum to TR 2002/5, which sets out what a 'place at or through which [a] person carries on any business' is in the context of the definition of a permanent establishment in subsection...

Summary From the perspective of a tax nerd, the 2021-22 Federal Budget was underwhelming. In what is the last budget before the next election, it was a responsible budget, and the few tax measures that were included were mostly positive. If you had been hoping for any...

News and Events We will be releasing a special edition of the Birchstone Brief this week to cover the key tax measures announced in the 2021-22 Federal Budget. Watch this space! Dan's Deliberations SMSFs and Binding Death Benefit Nominations (BDBNs) The decision of...

Dan's Deliberations The ATO has released its decision impact statement following the Full Federal Court decision in FCT v Apted, and updated practice statement PS LA 2020/1, after deciding it will not appeal the decision. Apted dealt with the ATO's discretion to...

Dan's Deliberations The High Court has granted the Commissioner special leave to appeal against the decision of the Full Federal Court in Carter v FCT [2020] FCAFC 150. Carter considers when a disclaimer of trust income by a default beneficiary will be effective so...