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ATO Draft Determination TD 2025/D3: New guidance on when ancillary funds ‘provide a benefit’ 

15/12/2025

On 12 November 2025, the ATO released draft Taxation Determination TD 2025/D3, offering the first detailed guidance on when ancillary funds are considered to ‘provide a benefit’.  The draft provides the first comprehensive guidance on when private and public ancillary funds ‘provide a benefit’ under the Taxation Administration (Private Ancillary Fund) Guidelines 2019 and the Taxation Administration (Public Ancillary Fund) Guidelines 2022 (collectively, the Guidelines).  […]

ATO and income splitting – this time its personal

12/12/2025

The Australian Taxation Office (ATO) has issued Practical Compliance Guideline PCG 2025/5, a reminder that taxpayers are at risk of audit if personal services income is split to reduce tax.  The ATO has indicated that even if your business satisfies the statutory Personal Services Income (PSI) rules and operates as a Personal Services Business (PSB), your overall tax position may still be classified as either […]

Watt a relief! Capital gains relief for foreign investors in energy sector

03/12/2025

The Federal Court of Australia has handed down its decision in YTL Power Investments Limited v Commissioner of Taxation [2025] FCA 1317, ruling in favour of YTL Power (the Taxpayer) and holding that the infrastructure assets did not constitute real property.  The Taxpayer was successful in arguing that the leased electricity infrastructure situated on owned and leased land did not constitute “real property situated in Australia (including a lease of land)” and accordingly the shares disposed were not “taxable […]

Build-to-rent developments: ATO draft updates to GSTR 2012/6

20/11/2025

On 5 November 2025, the ATO issued a new draft taxation ruling GSTR 2012/6DC (‘the ruling’) expanding on existing principles provided in GSTR 2012/6 – Goods and services tax: commercial residential premises.   The draft ruling provides further clarity on how existing principles apply to build-to-rent (‘BTR’) developments, determining the status of occupants, and the characteristics […]

Victoria’s State Taxation Further Amendment Bill 2025: What you need to know

05/11/2025

On 14 October 2025, the Victorian Government introduced the State Taxation Further Amendment Bill 2025 (the Bill) which is a wide-ranging legislative package that amends several key Acts affecting property, land tax, congestion levies, building permits, and more. Key legislative changes Commercial and Industrial Property Tax Reform Act 2024 The Bill makes targeted amendments to the Commercial and […]

Payday Super: Implications for employers & payroll operations

29/10/2025

New Payday Super legislation will mean employers now have about eight months to prepare their systems and processes. The requirements are expected to intensify Australian Taxation Office (ATO) scrutiny and increase administrative workloads for payroll.  After months of anticipation, on 9 October 2025, the Australian Treasury introduced legislation to Parliament to implement the Government’s Payday […]

Private groups – ATO identifies key focus areas for FY25 & FY26

23/10/2025

On 22 September the Australian Tax Office (ATO) published the key compliance focus areas it will be targeting when reviewing privately owned and wealthy groups for the 2025 and 2026 financial years. The ATO has signalled increased scrutiny across governance, trusts, CGT concessions, and more. The ATO’s aim, in publicising its programs and focus areas, […]

Superannuation changes to Division 296 tax

16/10/2025

Treasurer Jim Chalmers has significantly watered down the government’s proposed $3m superannuation tax amid criticism from tax experts and investors. The government has confirmed several important changes to the Division 296 proposed superannuation tax reforms. The updated measures aim to improve fairness while reducing the administrative burden and unintended impacts of the original proposal. We’ve […]

Practical Guidance on Complying with the Global and Domestic Minimum Tax (Pillar Two) Regime

25/09/2025

Join our interactive seminar and stay ahead on the latest Pillar Two developments. Join us in Sydney for our in-depth Pillar Two seminar, delivered by SW tax experts Daren Yeoh (Partner and Corporate & International Tax Director), Kirsty McDonnell (Tax Director), Antony Cheung (Associate Director). This interactive session will provide practical guidance on the OECD’s […]

Tax Effect Accounting Seminar

24/09/2025

Discover the latest updates in tax effect accounting with expert insights into accounting for income taxes. Our expert will provide you with topical content of relevance as well as an update on what’s new in tax effect accounting, including information about the following topics: SW Speaker: Daren YeohPartner and Corporate & International Tax Director