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Business Structuring

Tax Disputes Part 1 – Early Engagement

Tax Disputes Part 1 – Early Engagement

This is the first in a six-part series of articles on strategies that can be employed in a tax dispute with the ATO.

Tax disputes can be costly, time consuming, and stressful, even if the taxpayer is ultimately successful.  When approached by the Australian Taxation Office (ATO), we will always advise clients to engage with the ATO to either resolve or narrow the issues in dispute as quickly as possible. 

Can I terminate my contract?

Can I terminate my contract?

The law has long recognised that a breach of certain types of obligations in a contract will entitle an innocent party to terminate that contract (and sue for damages). 

Succession planning is planning to succeed

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.

ACCC ALLEGES ULTRA TUNE WRONG TURN

ACCC ALLEGES ULTRA TUNE WRONG TURN

The competition regulator, the Australian Competition and Consumer Commission (ACCC), has initiated proceedings against Australia’s second largest car repair organisation in the country, Ultra Tune Australia Pty Ltd (Ultra Tune). The ACCC alleges that Ultra Tune has failed to comply with the Franchising Code of Conduct (Code) and the Australian Consumer Law (ACL)

Cessation of statutory protections for migrated security interests on the PPSR

Cessation of statutory protections for migrated security interests on the PPSR

Under the Personal Property Securities Act 2009 (Cth) (the Act), securities and charges under other legislation and registers were migrated onto the Personal Property Securities Register (PPSR). Many migrated securities were not registered in accordance with the Act’s registration requirements.

Proposed amendments to “aggregate schemes” under the debt-equity rules

Proposed amendments to “aggregate schemes” under the debt-equity rules

On 10 October 2016, the Federal Government released an Exposure Draft to amend the debt and equity rules in Division 974 of Income Tax Assessment Act 1997 for the purpose of implementing recommendations made by the Board of Taxation in its April 2015 report Review of the Debt and Equity Tax Rules.

Powers of Attorney (financial) – Incapacity of Directors

Powers of Attorney (financial) – Incapacity of Directors

If you are a director of a company and you lose capacity, the management and control of the family business may be significantly affected. Simply having an Enduring Financial Power of Attorney (POA) is not a fix all solution that replaces proper succession planning.

Lifting the veil of a shadow director

Lifting the veil of a shadow director

Do you ever provide advice to company directors, and they act on that advice? Do you ever give instructions to company directors and they act on those instructions?

People have a general awareness of the implications of personal liability as a director. For example, directors can find themselves personally liable for debts to employees, tax debts and penalties owed to the Australian Tax Office or for breaches of The Corporations Act 2001 (“the Act”).

The Sun Sets On Award Transitional Provisions

The Sun Sets On Award Transitional Provisions

Modern awards commenced on 1 January 2010.  All modern awards contained similar transitional provisions which allowed modern awards to phase in over a period of five years.