Why I Hate Your Sub-Trust

There is a certain type of sub-trust over income that many trust deeds purport to create, and which the Federal Commissioner purports to allow. This is where a trust is established over the income distributed from another trust. This is problematic for the reasons...

ATO Debt Recovery Part 4 – Reviews & Objections

REVIEWS AND OBJECTIONS Types of Reviews Available There are various review processes available should you be unsatisfied with the decision Informal Review You may lodge a formal complaint with the ATO: To do this you will need to access the ‘complaints form’ on the...

ATO Debt Recovery Part 3 – Garnishee Notices

Garnishee Notices A garnishee notice is a document sent by the ATO to a third party that owes or holds money to or for tax debtor which demands payment for unpaid tax debt where initial attempts have failed; What are they? issuing of a garnishee notice a garnishee...

ATO DEBT RECOVERY – PART 2

ESTIMATE NOTICES Background: An Estimate is a formal notice that the ATO can issue under section 268-15 of Schedule 1 of the Taxation Administration Act 1953 (‘The Act’): The ATO can issue an Estimate Notice if it believes that a business has overdue: PAYG withholding...

ATO Debt Recovery Part 1 – Director Penalty Notices (“DPN”)

Director Penalty Notices (“DPN”) A company is a useful structure to achieve asset protection, protecting the assets of those who are ultimately controlling the activities of the company (the directors) and benefitting from the income producing activities of the...

Should Code be Property?

Computer code underpins the technology in our modern environment.  It is often a form of property, being the copyright of the authors.  But besides from that, could code become its own form of separate property? Digital Assets If you write a computer program, as the...
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