Development Company Structures and Why PCG 2026/D2 Is Wrong In my view the PCG is wrong. It misreads the substantive law. It assumes facts that are not true of the arrangements it targets. It offers an alternative postulate that is not an alternative postulate. This...
This session continues last week’s discussion of Harvey v Harvey and s 106-5, and turns to the operation of partnerships as an income-splitting structure in a world where trust distributions are subject to a 30% minimum tax. With the Government’s recent...
Last week we turned to consider s 106-5 of the ITAA 1997 and the question of what CGT event occurs when a partner contributes an asset to a partnership without transferring legal title, and how the resulting gain or loss is attributed between the partners....
This session continues last week’s discussion on Harvey v Harvey and the two competing models of partnership property, and turns to s 106-5 of the ITAA 1997. The central question is what CGT event occurs when a partner contributes an asset to a partnership...
This session continues from last week’s discussion of Harvey v Harvey and turns to the question that necessarily follows: how does section 106-5 of the ITAA 1997 operate where a partnership holds (or appears to hold) a CGT asset, and what does the section...
This session moves past PCG 2026/D2 to examine the question that sits underneath it: when land is made available to a partnership but not contributed to it, what is the legal character of the accretions to that land produced by partnership activity, and what are the...
