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Fact sheets for advisers
Short, practical notes on recurring tax issues, written to be read in five minutes and used with clients. They are general information, not advice on a particular matter. Request any of them and we will send it through.
Twenty-three fact sheets, grouped by topic
Section 100A: trust distributions
When a distribution can be treated as arising under a reimbursement agreement and what the ordinary family or commercial dealing exclusion requires.
Trust deed variations
When a deed can be varied, when variation risks resettlement and the traps in amendment powers.
Trust vesting: tax consequences
What changes on the vesting date and the income tax, CGT and duty consequences of a trust that has vested.
Division 7A and commercial reality
How ordinary intra-group payments trigger deemed dividends under the interposed entity and repayment rules, without any shareholder benefit.
Pre-CGT assets
Identifying whether pre-CGT status survives and how majority underlying interests are traced.
Small business CGT concessions
The basic conditions, the connected entity and affiliate rules and where the concessions are most often lost.
The active asset test
What makes an asset active, the 7.5-year and half-period tests and the treatment of assets used to derive rent.
CGT and hardship
Release from tax liability on serious hardship grounds under Division 340, available to individuals and trustees of deceased estates, not to companies or trusts.
Default assessments: a practical guide
How default and estimated assessments are made, the burden of proof and what a taxpayer has to establish to displace one.
GIC remission
The general interest charge, the grounds for remission and what a remission request has to establish.
Indemnity costs in tax litigation
When indemnity costs are awarded in tax proceedings and what drives the discretion.
Penalty remission
Shortfall penalty categories, safe harbours and how remission requests are decided.
GST elections in business sales
Going concern, the margin scheme and the contractual mechanics that have to be in place before settlement.
Landholder duty: leasehold improvements
How leasehold improvements are treated in the landholder duty threshold and the aggregation rules.
Debt deduction creation rules
The DDCR and where they catch ordinary private group financing arrangements.
Intra-group deductions
Deductibility of intra-group service and management fees and why informal arrangements fail.
PSI and income splitting
The personal services income rules, the results test and where income splitting through a structure fails.
Section 99B: resident trust traps
Amounts paid or applied from a foreign trust to an Australian resident beneficiary and the limits of the exceptions.
Superannuation changes 2026
The 2026 superannuation measures and what they mean for private groups and SMSF trustees.
FBT and vehicle benefits
Car benefits, exempt vehicles, logbook requirements and the traps in dual cab and electric vehicle treatment.
Farm succession planning
Structuring intergenerational transfers of farming assets and the concessions and duty exemptions available.
Work-related and meal deductions
What the recent decisions establish about the deductibility of meal and travel expenses.
TPB registration and conduct
Registration requirements, the Code of Professional Conduct and the consequences of breach.
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