Industrial Relations Update April 2018

Posted On: Wednesday, April 18, 2018

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GST Question

Posted On: Monday, April 09, 2018



I have a question regarding GST on the sale of advertising space to a non-resident entity and whether this qualifies as a GST Export – even if the advertising space is in an Australian medium (e.g. publication etc).

According to what I have read (thus far), it would seem the provision of advertising space would not represent work physically performed (as the advertising space will only display the completed ad provided to the supplier of the advertising space), nor is it in regard to real property (i.e. not related to land) – but is this correct if the sale concerns a specific/individual advertising space?

The supplier is selling the advertising space to a non-resident entity not registered in Australia (nor having a branch or agent in Australia). That non-resident customer may, in turn, on-sell the space to a client who may or may not be registered in Australia for GST, but such a sale would be under a separate contract.

The material I have read thus concludes that it should be GST free. Can I get a second opinion on this?

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CGT Question

Posted On: Monday, April 02, 2018



My client has a company YellowX Pty Ltd.

John is a director and shareholder of YellowX Pty Ltd.

YellowX Pty Ltd has a liability to pay John of $100,000. I.e. a Credit Loan of $100,000.

YellowX Pty Ltd will never have the funds to pay back John.

What are the implications if, and how does the loan get written off?

Is there no issues to Yellowx Pty Ltd? Is it a capital loss to John?

If John forgives the loan, and does not claim a loss, does the loan in YellowX Pty Ltd have no implications?

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Superannuation question

Posted On: Friday, March 23, 2018



We have a client that has a trust with a corporate trustee.

The business is a family business, with father and son and their spouses working in the business.

The father is 76. He works in the business, full time, and gets a wage.

I believe the employer can only claim a deduction for superannuation up to 9.5% (SGC). The amount that is salary sacrificed is not deductible to the employer.

Is this correct?

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Travel Claim Question for Tax

Posted On: Wednesday, November 22, 2017


I have a quick question.

I have recently been engaged by a client for casual tutoring services. (18 hours /week).

I travel 3 days per week from my office to the University Campus. The distance is approx. 103klm. I intend using a log book and claim "cents/kilometre" method. A flat rate of $0.66/klm??

Could you advise if I am doing this correctly?

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Posted On: Wednesday, November 08, 2017

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SMS Question

Posted On: Thursday, October 12, 2017


In 1984 we bought a small grocery store unable to pay its lease commitment, from that we grew and expanded. We bought land and built a 700sq m building in 2003 and started trading in the new building in 2004. We transferred the existing business to the new building, for family reasons we sold the business paid the loan on the building, formed a family trust and a Company to operate the trust. The lessees paid lease payments into the trust which distributed its funds in accordance with the trust deed. The trust owes the wife and myself approximately 1 Million $. We did not claim or have received interest payments on the money. Our financial situation has changed considerably early this year.

The lessee went very badly, we exercised the landlord’s right, re-entered the building, spent our funds and borrowed money, and our time without pay to re-establish the business and sold the business to new lessees on the 28-08-2017 on a 10 years lease.

We repaid borrowings to the bank. Because of our changed finances, can the family trust repay part or all the money owing to us without us having to pay tax on that money?

Asset protection issue 0088 on page 9, question 5 you address a similar case, our accountant does not share that opinion. Your answer and direction will be most appreciated.

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Australian Tax Residency

Posted On: Sunday, October 01, 2017

Question 1

Hi, I have a client that has a question surrounding Australian Tax Residency. His circumstances are as follows:

  • Had been an Australian resident since birth
  • In 2007 he moved to Indonesia permanently with his spouse & 2 children
  • They rented out their Principal Place of Residence for 2 years & then sold it
  • In 2012 he split with his wife. His wife & 2 kinds then moved back to Australia
  • In 2014 he had a child to his new partner in Indonesia
  • In 2016 he started a company in Singapore. (While still living in Indonesia)
  • In 2016 he purchased a property in Australia to use when he returns to spend time with family & kids
  • In 2017 his Singaporean company obtained some contracts in Australia, which sees him returning to Australia more frequently (But less than 183 days per year).

My questions are: is he an Australian Tax Resident? – If so, at what point? –If not, other than physically moving back to Australia, what would cause him to become a tax resident? Thanks

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Capital Gains Question

Posted On: Wednesday, September 06, 2017

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Mid Year IR Update July 2017

Posted On: Monday, July 10, 2017

Mid-Year Industrial Relations Update July 2017


National Wage Increase

Australia's lowest-paid workers will get a $22-a-week pay rise after the Fair Work Commission lifted the national minimum wage to $694.90 in the decision made on June 6, 2017.

The Fair Work Commission has lifted the wage by 3.3 per cent - an increase of 59¢ an hour to $18.29 an hour.

This decision was influenced by the fact that inflation hit 2.1 per cent in the year to the end of March, according to the most recent official consumer price index.

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