Our latest insights

The Federal Court’s 2025 decision in Charles Apartments Pty Ltd v Commissioner of Taxation underscores the importance of substance over form, proper documentation, and income nexus in group financing arrangements under Australian tax law.

The Federal Court decision in Morton v Commissioner of Taxation [2025] FCA 336 (“the Morton case”) provides key guidance on the tax treatment of proceeds derived from land development arrangements. This is particularly relevant to landowners considering development partnerships with third-party developers.

The Australian Parliament recently passed legislation to introduce two significant tax incentives aimed at bolstering Australia’s critical minerals and hydrogen production sectors. The incentives form a significant part of the Government’s ’Future Made in Australia‘ policy.

The ATO has amended PCG 2018/9 to extend the corporate tax residency transitional period until 30 June 2023 to allow taxpayers to change their governance arrangements with respect to central management and control of foreign incorporated subsidiaries. The ATO has stated that the transitional period will not be extended again.

The ATO has recently released findings from its Next 5,000 reviews to date. The program is conducted by the ATO via its Streamlined Assurance Reviews (“SAR”). This framework generally involves a review of the group’s tax returns for the two most recent years lodged, and is focused on entities within the group with significant activities or transactions.

Unprecedented ATO funding means increased reviews for successful private groups and public entities. Are you ready?