Case Studies

A manufacturer entered into arrangements with labour hire contractors to directly manage production. After an audit of the manufacturer, the ATO asserted that the arrangements with the labour hire contractors were shams. Notices of Assessments/Amended Assessments were issued for failing to withhold tax, overstating GST and the imposition of administrative penalties for false and misleading statements leading to a shortfall of tax remitted.

An Australian citizen with his family was resided overseas for 28 years as a professional employee. During that time, he was a non-resident for tax purposes. He decided to retire and relocate to Australia. His wife and children returned to Australia some months before he did to establish the family home. His employment entitlements on retirement were paid to him after his family relocated in Australia.

A company was having financial difficulties so the director borrowed from his self-managed superannuation fund (“Fund”). In due course, the company repaid the loan with interest believing that he was doing the right thing. The auditor noted the breach of the Superannuation (Industries and Supervision) Act 1993 and as required, reported the breach to the ATO. The ATO warned the director of the consequences if the breach was repeated.

Advice was provided to a high net wealth family and their advisor confirming the pre-CGT status of the significant landholding that had been the subject of a partnership dissolution in the 1990’s and partly developed.

CGT advice was provided to a high net wealth shareholder of a Company acquired by a Canadian multinational. The shareholder recently appointed a new advisor, and the matter was complicated by the lodgement of earlier incorrect income tax returns which failed to recognise significant CGT losses together with the fact the transaction contained a complex earn out arrangement.