06 Jul

Payday super is now in effect 1. Employers should now be aware of the Federal Government’s ‘Payday Super’ reforms, which commenced from 1 July 2026. 2. These changes were introduced in November 2025 by the Federal Government, amending the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Act 1992 (SGAA). 3. For employers, the most important change is the removal of quarterly superannuation guarantee payments. Now, in most circumstances, employers must make superannuation contributions on behalf of their employees at the same time as they pay salary and wages. 4. If these payments are not received by the employee’s superannuation fund within seven days, or...

09:20 / Corporate tax advisory services / Debt management matters / GST / Payment arrangements / Providing support to other accountants and lawyers / Superannuation / Tax advisory services
28 May

On 12 May 2026, the Federal Government released the document titled ‘Budget 2026-27: Minimum tax on discretionary trusts’ (the ‘Tax Explainer’) to explain the reasoning behind the proposed 30% minimum tax rate for trusts – and key aspects of how the minimum tax rate will apply. In seeking to understand how these presently proposed and unlegislated Budget changes may affect operation of discretionary trusts, at this stage, we can only rely on the Tax Explainer and the expressed underlying policy of the changes. Comments on tax policy context of trust changes The ‘Tax Explainer’ seeks to justify the announced changes on policy grounds...

09:06 / CGT / Income Tax / Trusts and Equity
19 Nov

Land tax as it applies to deceased estates is a complex area.  Various factors need to be considered to ensure appropriate outcomes having regard to the specific circumstances of the deceased estate, the beneficiaries of the estate and, in some circumstances, the use of land. By working with the executor and/or administrator of a deceased estate (Estate Administrator) and/or estates lawyers, we can assist in ascertaining what may be appropriate outcomes for land tax purposes. When does liability arise for land tax? In Queensland, land tax is assessed on land held at midnight on 30 June each year, for the coming 12 months. Where...

10:40 / Land Tax / Tax advisory services / Tax audits and reviews / Taxation of deceased estates
13 Jun

In this paper prepared for the Tax Institutes 2025 Trusts Intensive, our principal Mark West and special counsel Alex Whitney discuss the proper legal characterisation of unpaid present entitlements (UPEs) with reference to the pivotal High Court decision of Fischer v Nemeske. Also covered are tax issues associated with UPEs, including whether UPEs have a cost base, bad debt deductions and commercial debt forgiveness issues associated with forgiving UPEs, and the tax consequences more generally of assigning, discharging or forgiving UPEs (including CGT event C2). ...

15:32 / CGT / Income Tax / Stamp Duty / Trusts and Equity
19 Mar

This paper sets out some lessons and observations on recent private client audits by federal and state tax authorities, in particular in relation to what clients can expect, understanding their audit risk, and knowing what steps are important in an audit to prepare for a later tax dispute. Presented on 19 March 2025 To access this paper, please click: Responding to audits in the private client sector: Recent lessons and observations ...

15:54 / Tax audits and reviews
24 Jun

This paper reviews the recent developments and, particularly the recent case law, in relation to anti-avoidance provisions to the operation of trusts- including what would historically be regarded as typical discretionary trust distributions....

14:13 / Income Tax / Trusts and Equity
19 Jun

This paper seeks to provide an overview of the typical taxation complexities and issues that need to be navigated when private groups seek to implement funding arrangements for their business or investment activities, especially flexible and innovative arrangements between related or closely co-ordinating parties....

14:27 / CGT / Income Tax
06 Jun

Division 7A is still an evolving area of tax law. In this article, we discuss an emerging risk area for Division 7A where private companies are partners in a partnership, in the context of an unpublished change in the ATO’s view. We include in this article our views on this risk and as well as practical mitigation strategies for taxpayers. ...

14:27 / Income Tax
23 Mar

Following on from his previous published views on a correct interpretation of section 100A, West Garbutt Principal – Director, Mark West has provided further comment following the BBlood decision (by Thawley J), the decision by the Full Federal Court in the Guardian AIT appeal and the issue by the ATO of its final ruling TR 2022/4. Mark submits there remain significant unresolved inconsistencies between the ATO's approach in TR 2022/4  - and the words of section 100A and the case law. To access this paper, please click: Section 100A update ...

12:51 / Income Tax