OECD announces the ‘Side-by-Side’ administrative guidance package
The Australian Pillar Two Rules align with the OECD’s initiative to ensure MNEs pay a minimum Effective Tax Rate (ETR) of 15 per cent globally.
Following on from our previous alert, the Australian Taxation Office (ATO) has finalised Practice Statement PS LA 2025/2, which sets out their administrative approach to the Commissioner’s discretion for granting an exemption from Public Country-by-Country reporting obligations. These rules require certain multinational groups to publicly disclose tax and financial information.
The Australian Government has released exposure draft legislation proposing to exclude certain tobacco, vaping and gambling-related activities from the Research and Development Tax Incentive (RDTI). The intent is to ensure public funding does not support innovation that promotes harmful consumption behaviours, while maintaining eligibility for genuine harm-minimisation initiatives.
On 10 November 2025, the Federal Court handed down its decision in Newmont Canada FN Holdings ULC v Commissioner of Taxation (No 2) [2025] FCA 1356.The case provides important guidance on the interpretation of ‘taxable Australian real property’ (TARP) under Division 855 of the Income Tax Assessment Act 1997 (Div 855).
Australia’s new thin capitalisation rules significantly impact businesses with foreign ownership or offshore operations. If your business has debt deductions (such as interest deductions and borrowing costs) of more than A$2m, tax deductions could be denied under the primary ‘earnings tests’ (particularly if your EBITDA is low or negative due to early-stage losses, especially common in sectors like infrastructure and technology). To manage the above risk, the legislation offers an alternative test: the Third Party Debt Test (TPDT).
The long-awaited guidance from the ATO on a simple method for determining the home charging cost of electricity for plug-in hybrid vehicles (PHEVs) has been released. This comes in the form of a draft update to Practical Compliance Guideline PCG 2024/2.
The Government’s payday superannuation reforms have now passed Parliament without amendment and received Royal Assent. From 1 July 2026, employers must pay superannuation guarantee (SG) contributions on payday, with funds reaching employees’ accounts within 7 business days.
On 30 October 2025, the Federal Court (Hespe J) handed down its decision in YTL Power Investments Limited v Commissioner of Taxation, finding for the Applicant and providing important guidance on the interpretation of ‘taxable Australian real property’ under Division 855 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997).
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The Australian Federal Budget for 2026-27 will be handed down in May 2026, the first budget since Labor's re-election in 2025.
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