In Baya Casal v Deputy Commissioner of Taxation [2025] FCA 87, the Federal Court confirmed that a taxpayer was entitled to treat her termination payment as a genuine redundancy, despite the employer offering an “alternative” role.
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The ATO has sharpened its stance on Early Stage Innovation Company (ESIC) investments, confirming that some schemes marketed under the ESIC framework may breach Part IVA — the general anti-avoidance rule in the tax law.
In Baya Casal v Deputy Commissioner of Taxation [2025] FCA 87, the Federal Court confirmed that a taxpayer was entitled to treat her termination payment as a genuine redundancy, despite the employer offering an “alternative” role.
In a blow to small business owners banking on CGT concessions, the AAT has ruled in The Trustee for the Whitby Trust v Commissioner of Taxation [2025] AATA 788 that a property held for passive purposes did not meet the Active Asset Test under the small business CGT concessions.
FBT season just got a little more manageable.
As of 1 April 2024 (i.e. for the 2025 FBT year), the ATO has introduced new flexibility around how employers can meet their documentation obligations — especially for benefits like travel, meals, and car-related claims.
Starting 1 April 2025, around 3,500 small businesses will be moved from quarterly to monthly GST reporting — not by choice, but by directive.
In Quy and Commissioner of Taxation [2025] ARTA 174, the Administrative Review Tribunal (ART) reaffirmed a key point that regularly trips up expats and mobile professionals:
"Just because you live and work overseas doesn’t mean you’ve stopped being a tax resident of Australia".
The Federal Court has weighed in once again on the meaning of "employee" for superannuation guarantee (SG) purposes — and it’s clear the line between employee and contractor isn’t just legal, it’s functional.
In Commissioner of Taxation v Hatfield Plumbing Pty Ltd (Trustee) [2025] FCA 182, ...
One of the more technical updates this month involved capital gains tax (CGT) rollover relief under Division 615 — specifically, whether a restructure that already qualifies for rollover can also trigger a cost base step-up via tax consolidation.
That’s exactly what was at stake in Tabcorp Maxgaming Holdings Ltd v Commissioner of Taxation [2025] FCA 115. The taxpayer argued that the end of a gaming licence created a deductible financial arrangement under Division 230. The Federal Court disagreed — and in doing so, reminded us that Division 2...
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