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Foreign resident CGT reforms expand taxable Australian real property, withholding and renewables discount.

In July 2025, we wrote about the Federal Court’s decision in S.N.A Group Pty Ltd v Commissioner of Taxation [2025] FCA 240, which was widely seen as a ‘commercial reality’ endorsement for inter entity service fee arrangements in closely held groups – where documentation is known to be imperfect.

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).

The Federal Court’s decision in S.N.A Group Pty Ltd v Commissioner of Taxation [2025] FCA 240 provides critical judicial guidance on the deductibility of inter-entity service fees, especially within commonly controlled businesses.

In a few days, the Treasurer will present a budget that few of us expected. While in the shadow of the upcoming Federal election, it’s important that the Government takes the opportunity to set a platform to support Australian business in an environment of major global uncertainty.