Blogs

Same Job, Fewer Hours? Not So Fast

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.


The twist? The alternative role had the
same duties, but with reduced ...
ESIC Schemes and Part IVA

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.


This came through in
TD 2025/D1, a draft determination released in response to co...
Transfer Balance Cap Rises to $1.98M

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.


The twist? The alternative role had the
same duties, but with reduced ...
CGT Active Asset Test Failed

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.


This decision offers a...
Smarter FBT Record Keeping

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.


In short: you can now use business r...

ATO Pushes Non-Compliant Small Businesses to Monthly GST Reporting

Starting 1 April 2025, around 3,500 small businesses will be moved from quarterly to monthly GST reporting — not by choice, but by directive.


This latest compliance measure from the ATO is part of its
“Getting it Right” campaign, and it’s aimed squarely at businesses with a track record of non-paymen...
Working Abroad, Still Tax Resident

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".


This case se...
Employee or Contractor?

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, ...


CGT Rollover and Division 615

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.


This issue came to a head in
AusNet Services Ltd v Com...
Not Every Broken Deal is a Deduction

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...