Recent Submissions

  • Reducing tax complexity: quick reference cards for tax practitioners 

    Kenny, Paul (LexisNexis, 2015-02)
    Overcoming complexity in the tax system is one of the major challenges for the profession as well as the community. This article looks at the development of quick reference guides (QRGs) that seek to improve simplicity by ...
  • Allowable deductions, cost base of CGT assets and the GAAR: a minefield for taxpayers and their advisers 

    Xynas, Lidia; Blissenden, Michael; Villios, Sylvia; Kenny, Paul (LexisNexis, 2014-10)
    Taxpayers and their advisers have, for decades, struggled to reconcile outgoings that can be considered as allowable deductions under s 8-1 of the Income Tax Assessment Act 1997 (Cth) (ITAA 97), with those outgoings which ...
  • Reducing the company tax rate and abolishing the MRRT: a step forward or back? 

    Villios, Sylvia; Xynas, Lidia; Kenny, Paul; Blissenden, Michael (LexisNexis, 2014-12)
    The Australia’s Future Tax System Review,1 commonly referred to as the Henry Tax Review (the Review) has been “one of the most comprehensive reviews of the tax and transfer system” ever undertaken in Australia.2 The overall ...
  • Are changes to negative gearing in Australia imminent? 

    Villios, Sylvia; Blissenden, Michael; Kenny, Paul (LexisNexis, 2015-12)
    Negative gearing on levered investments is one of Australia’s most prevalent tax shelters and has been the focal point of an ongoing and heated debate.1 While negative gearing is most commonly used in property,2 there is ...
  • The perils of tardy PPSR registration: Pozzebon (Trustee) v Australian Gaming and Entertainment Ltd 

    Lovell, Martin Howard; Morrow, Laity (LexisNexis, 2014-11)
    The recent decision of Pozzebon (Trustee) v Australian Gaming and Entertainment Ltd1 serves as a cautionary tale to secured lenders. It illustrates how a failure to register a security interest on the Personal Property ...
  • Goodridge appeal - legal principles governing assignment and novation of contracts 

    Lovell, Martin Howard; Vuong, Brian (LexisNexis, 2011-03)
    The recent decision of the full bench of the Federal Court in Leveraged Equities Ltd v Goodridge1 has unanimously overturned the contentious first instance decision of Rares J2 and, in doing so, has restored clarity to the ...
  • Yet another round of problematic small business tax concessions 

    Kenny, Paul (LexisNexis, 2015-06)
    Running or advising a small business is becoming more complicated given the numerous twists and turns of government policy in respect of the small business entity (SBE)1 concessions. The timing of asset purchases for ...
  • Wine tax reform needed to unwrap red tape strangling struggling industry 

    Kenny, Paul (LexisNexis, 2017-04)
    The wine tax and its accompanying rebate are outdated and they distort the Australian wine industry. The tax is encouraging the production of cheap wines resulting in oversupply at a time when the industry is struggling ...
  • Tax opportunities for state governments 

    Kenny, Paul (LexisNexis, 2017-10)
    The potential tax opportunities for Australian state governments to broaden their tax bases can be illustrated by comparing the revenue raised by the current tax system with that of a sensible tax system (the tax gap). A ...
  • Small business capital allowances 

    Kenny, Paul (LexisNexis, 2018-11)
    On 1 July 2001 Australia introduced a new concessional small business entities (SBE) depreciation regime in Subdiv 328-D of the Income Tax Assessment Act 1997 (Cth) (ITAA1997). Many changes have been made to the regime ...
  • Share trader or share investor: drawing the line - Devi and FCT 

    Kenny, Paul (LexisNexis, 2016-09)
    The question of whether a business exists for income tax purposes is a perennial issue that ends up at the Administrative Appeals Tribunal (AAT) and occasionally the courts, notwithstanding the longstanding principles of ...
  • Residency and Australians working overseas: can be an expensive lesson in tax law 

    Kenny, Paul; Blissenden, Michael; Villios, Sylvia (LexisNexis, 2015-12)
    Residence is important in determining the Australian income tax liability for individuals that are residents (all income sources) and foreign residents (Australian income sources) of ordinary and statutory income.1 In ...
  • General Editor’s note 

    Kenny, Paul (LexisNexis, 2014-06)
    Welcome to the second issue of the Australian Tax Law Bulletin. At the time of writing, some weeks after the 2014 Federal Budget, the uncertainty over the tax reform proposals continues to impose social and economic costs. ...
  • The $6 million net asset value test for small business 

    Kenny, Paul; Blissenden, Michael (LexisNexis, 2014-07)
    Taxpayers who seek to disregard a capital gain under the small business capital gains tax (CGT) concessions regime are likely to be audited and those who are not formally audited may face a phone review. The Australian ...
  • General Editor’s welcome message 

    Kenny, Paul (LexisNexis, 2014-05)
    Welcome to the first issue of the Australian Tax Law Bulletin (ATLB), which is devoted to articles on current tax issues in practice in order to benefit legal and tax professionals, as well as tax administrators. ATLB will ...
  • General Editor’s introduction 

    Kenny, Paul (LexisNexis, 2014-12)
    When it comes to tax avoidance, some things never change and solutions are hard to find. On the one hand, the cash economy appears to be alive and well with the Australian Taxation Office (ATO) recently reporting that ...
  • General Editor’s introduction 

    Kenny, Paul (LexisNexis, 2014-10)
    The presence of numerous tax concessions in the Australian tax system not only constitutes poor policy in terms of fiscal adequacy, equity, simplicity and efficiency, but it also provides fertile grounds for the unscrupulous ...
  • General Editor's introduction 

    Kenny, Paul (LexisNexis, 2014-07)
    As winter sets in, tax reform continues to take centre stage with the proposed abolition of the mining tax and carbon tax, of which a number of commentators are expressing their angst about the implementation processes. ...
  • General Editor's introduction 

    Kenny, Paul (LexisNexis, 2014-09)
    Significant Commonwealth tax changes have now passed into law. The Liberal Coalition Government has repealed the carbon tax, effective from 1 July 2014. However, uncertainty remains regarding the abolition of the mining ...
  • 2014 Budget, policy versus politics: seven or 126 taxes? 

    Kenny, Paul (LexisNexis, 2014-05)
    The 2014 Federal Budget's budget deficit debt levy arguably takes Australia from 125 to 126 taxes. With the high probability of significant tax reform under the new federal Liberal Coalition government, it is pertinent to ...

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