Policy in play…for play
Player safety, fairness, and the integrity and composition of sport are all vital factors to consider in the creation and implementation of effective sport policies and procedures. Clear policies as part of a club’s governance framework provide a club, association or sport generally with guidelines to decision-making, and are an important step to mitigating potential risks that may arise.
Succession planning is planning to succeed
In 2017, the Gforce Group (incorporating People@Work) commissioned a research project to understand trends within workplaces in Geelong, with information collected through interviews with human resources representatives from medium to large organisations.
The weakness of a connected business
All businesses increasingly rely on other service providers to deliver their products and services, and even a small business will have a surprisingly large supply chain made of many large and small suppliers (who of course have many of their own suppliers).
Crowd-sourced equity funding: First steps
Equity crowd funding has taken some first, tentative practical steps. The new crowd-sourced funding (CSF) regime that started at the end of October 2017 - designed to reduce costs and red-tape for start-ups and SMEs looking to raise capital from a large number of small investors – is still being tweaked, as proprietary companies were excluded from eligibility. This will be rectified with a bill currently before the Parliament.
Fairness and good business: a year of Unfair Terms
It’s been over a year since the Australian Consumer Law provided that terms that are ‘unfair’ in new or renewed consumer and small business contracts could be deemed void and unenforceable.
Prepare now for data breach notification
Cyber security experts counsel us that it’s a matter of when, not if your data will be compromised in some way either maliciously or by accident. The opportunity for personal information to be lost only increases as businesses store greater and greater amounts of electronic information and outsource marketing, HR and operational activities to third parties without considering how they will protect information entrusted to them.
What is “market value” for the purpose of the MNAV test
In Commissioner of Taxation v Miley, the Federal Court overturned a decision of the Administrative Appeals Tribunal (AAT) concerning the method for valuing shares in applying the maximum net asset value (MNAV) test in s 152-15 of the Income Tax Assessment Act 1997.
Snap, snap – the Lions are bitten by Commissioner regarding use of image rights
In the growing world of online marketing, and with the increased public profile and popularity of our athletes, there is increased value and interest in the name and image of professional sportspeople.
Court Rules On Private Rulings Involving Assumptions About Future Events
The recent case of FCT v Hacon illustrates the practical difficulties in obtaining a private ruling that depends on assumptions about future events - in particular, in the context of the application of the anti-avoidance provisions in Part IVA of the Income Tax Assessment Act 1936.
New GST withholding regime for purchasers of new residential premises and new subdivisions of potential residential land
From 1 July 2018 purchasers of new residential premises or of new subdivisions of potential residential land that are taxable supplies will be required to pay 1/11th of the purchase price directly to the Australian Taxation Office (ATO) at settlement, if the exposure draft legislation released by the Government on 6 November 2017 passes in its current form. Subject to limited exceptions under proposed transitional rules, the new GST withholding obligation will apply even if a vendor applies the GST margin scheme.
Eligibility for the lower company tax rate and access to imputation credits clarified
Uncertainty had arisen earlier this year as to whether companies with passive investments (including ‘bucket’ companies) would be eligible for the lower company tax rate of 27.5% based on the requirement in section 23AA of the Income Tax Rates Act 1986 that they were “carrying on a business.”
ATO provides a “safe harbour” for fixed trusts
The Australian Taxation Office (ATO) published the final version of the Practical Compliance Guidelines (PCG) 2016/16, which provides guidance in relation to what will be considered by the Commissioner when exercising his discretion to treat an interest in the income or capital of a trust as being a fixed entitlement, and by extension whether a trust is a fixed trust for most tax law purposes.
GST on the sale of residential property – a lesson from the Sebel Manly Beach Hotel
In the case of MSAUS v FC of T the Administrative Appeals Tribunal (AAT) recently held that Division 135 of the A New Tax System \Goods and Services Tax Act (GST Act) did not apply to impose an increasing adjustment (an amount of GST on an otherwise GST-free transaction) to the sale of leased residential apartments.
Let’s make a deal - the new AFL CBA
The demands of playing professional sport, particularly in the AFL, have never been higher. The rigours athletes put their body through on the field are compounded with the intense scrutiny they receive off it from media and fans alike.
Rebels for the cause
Whilst still trying to claim a foothold in a highly-populated sports market, the Melbourne Rebels have gradually set about establishing a lasting foundation for rugby union in Victoria since its establishment in 2010.
Legislation passed to cut corporate tax rate and increase turnover threshold for small business entities
As previously reported here, the Government introduced a Bill into Parliament to increase the aggregated turnover threshold for small business entities seeking to access small business tax concessions to less than $10 million and to reduce the corporate tax rate for small business entities to 27.5% from the 2016/17 income years.
Partner is denied access to partnership’s carried forward tax losses
In RGGW and Commissioner of Taxation [2017] AATA 238, the Administrative Appeals Tribunal (AAT) held that tax losses were not available to a corporate partner in a property development partnership due to poor evidence to support its claim for losses.
Commissioner is under no duty to issue amended land tax assessments
The High Court of Australia has recently allowed an appeal against a decision of the Victorian Court of Appeal and found that the Commissioner of State Revenue (Commissioner) was not under a duty to issue amended assessments and refund an excess amount of land tax that was erroneously been paid by a taxpayer.
Club commotion – disciplining a member
Any sports club, large or small, faces the prospect of a troublesome member, or members, threatening the reputation and standing of the club in the community, or interfering with other members’ quite enjoyment.
The Super Bowl – a Super show
Monday afternoon’s (AEST) Super Bowl LI has already been described as the “greatest of all time” by many experts, with the New England Patriots pulling off an extraordinary come from behind performance to defeat the Atlanta Falcons, 34-28.