Constructive Payment By Journal Entry The fundamental question is whether a journal entry in an entity’s accounts constitutes a constructive payment under s 11-5, Sch 1 TAA53, and, more broadly, what constitutes a constructive payment. This has been considered in some...
Notwithstanding that a promissory note is a relatively simple instrument, it may be drawn incorrectly. Examples of this are Re Permewan [26] and Turner v O’Bryan-Turner, [27] both of which involved a “gift and loan back” scheme. A further analysis of these cases is...
A final interesting point relates to whether business real property can be contributed to an SMSF where that contribution is made under the small business CGT concessions. In particular, whether the retirement exemption under Subdiv 152-D ITAA97 which allows a...
Related party dealings and R&D Payments The necessity for a payment extends to many areas of tax law. One example is the ability to claim R&D expenditure paid to associates. The relevant provision for R&D expenditure is s 355-205 of the Income Tax...
Subscribe to the Tax Training Email List to receive an email each Friday afternoon notifying you about the Tax Training session for the following week, plus reading and preparation materials. * indicates required Email Address *First Name *Last Name * Redirect to Tax...
The Tax, Trusts and Technology Newsletter is a monthly publication with in-depth articles on novel subjects. It also highlights upcoming events and matters of interest. Subscribe if you would like to read fresh ideas and insights on Tax, Trusts and Technology. *...
