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Business Structuring

Fee collection & remuneration

Fee collection & remuneration

A range of factors affect whether or not an individual engaged to perform work is actually an employee or an independent contractor.

Third time unlucky: Optical Superstores held liable for payroll tax on patient fees transferred to optometrists under occupancy agreements

Third time unlucky: Optical Superstores held liable for payroll tax on patient fees transferred to optometrists under occupancy agreements

In the most recent chapter of the battle between the Victorian State Revenue Office and The Optical Superstore Pty Ltd, the Commissioner of State Revenue has claimed victory, with the Court of Appeal finding on 12 September 2019 that transfers of funds made to optometrists by Optical Superstore were subject to payroll tax under Victorian law.

Whose equipment and expenses?

Whose equipment and expenses?

When considering whether an allied health worker is an employee or a contractor, one factor to consider is in respect of the provision of tools, equipment and other assets required to undertake the work.

Controlling the contractor

Controlling the contractor

The measure of control exercised by one party over the other is an important factor in determining the nature of the relationship between a purported contractor and principal, or employee and employer.

Medical and allied health practices – are you covered for Workers Compensation?

Medical and allied health practices – are you covered for Workers Compensation?

Workers in the allied health industry, such as nurses, doctors and other professionals may find themselves exposed to many different risks and hazards on a day-to-day basis, including lifting and moving patients and equipment; work-related stress; slips, trips and falls; exposure to infectious diseases and occupational violence.

Medical and allied health practices – your tax obligations

Medical and allied health practices – your tax obligations

The tax obligations on a practice in relation to an employment relationship are often perceived as being significantly more costly (and restrictive) compared to simply engaging a practitioner as an independent contractor. However tread carefully when making this decision, as getting your characterisation of a worker wrong can be even more costly and you may find yourself on the wrong side of the law.

Ownership of medical records – yours, mine or ours?

Ownership of medical records – yours, mine or ours?

Upon the termination of a relationship between the practice and practitioner, who will retain the patient records? Where will they be stored? Is the practitioner permitted to access the records, or make a copy?

Goodwill hunting – contractor entitlement to goodwill

Goodwill hunting – contractor entitlement to goodwill

Goodwill is the essence of any business, and can often be a business’ most valuable (albeit intangible) asset. The value of goodwill lies in brand identity or recognition, customer networks, positive customer and employee relations, and broadly speaking, reputation.

Superannuation for contractors – come one, come all

Superannuation for contractors – come one, come all

Determining whether an individual is an employee or contractor can leave you scratching your head. There is unfortunately little clarification in the context of superannuation entitlements and determining whether payments to a contractor are covered by the superannuation guarantee (SGC) regime further blurs the line between contractor and employee.

2019 State Budget: Economic entitlement provisions expanded

2019 State Budget: Economic entitlement provisions expanded

Landholder duty is a state tax that was introduced to impose duty on acquisitions in landholding entities. 

The ‘economic entitlement’ provisions of the landholder regime are an integrity measure unique to Victoria. Previously, they applied duty to transactions which provide the acquirer with an economic entitlement that amounts to an interest of 50% or more in a private landholder. This specifically impacts arrangements where developers or builders agree with a landholder to receive 50% or more of the profits or income of a landholder’s land without actually acquiring an interest in the landholding entity.

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.