Ato Legal Advice


How our advice and guidance protects you What happens if you make a mistake as a result of our advice or guidance The Law Council of Australia welcomes today`s release of the Australian Taxation Office (ATO) Protocol, but believes more work is needed to ensure that the confidentiality of privileged material continues to be protected. Look for a technical problem with our consulting and guidance productsList of consulting and guidance products that will help you solve a technical problem We create ATO IDs that help us enforce the law consistently and accurately. They set out the ATO`s previous view that we must apply when resolving questions of interpretation. ATO IDs do not provide advice to taxpayers and they are not decisions. Purpose This judgment explains the scope and operation of section 355-405 of the Income Tax Assessment Act, 1997, which limits claims to research and development (R&D) expenses that are “at risk”. It deals specifically with the application of the “vulnerable” requirement to various scenarios in which R&D activities are carried out under commercial contracts for the supply of goods or services. The Council examines these scenarios, other concerns regarding the application of the provisions and brings together existing advice and guidance on these issues. The Commissioner of Taxation has recently reviewed LPP`s claims in court, including the extent to which he can request details of claims of privilege to verify their accuracy (CUB Australia Holding Pty Ltd v FCT [2021] FCAFC 171) and the application of the LPP principles using multidisciplinary practices (i.e., involving lawyers and non-lawyers) to obtain advice (Commissioner of Taxation v PricewaterhouseCoopers). [2022] FCA 278). Object Replace ATO ID 2015/6 with a tax provision that provides more general guidance on how non-refundable tax offsets from a member company can be recovered and used by the main company of the affiliated consolidated group. It was proposed to apply the CRP to allow for an extension in these circumstances.

However, the first paragraph of Chapter 2.18(B) of the explanatory memorandum to the Tax Laws Improvement Act (No 1) of 1998 states that rollover does not apply to property acquired by the legal personal representative during the administration of the first deceased estate. Therefore, in these circumstances, the CRP cannot be exercised to amend the law. Tips for the development program A list of topics for which we are currently developing advice and guidance Sign up to receive the latest legal developments, ideas and news from Ashurst. By registering, you agree to receive commercial messages from us. You can unsubscribe at any time. Step 3 of the BVG Protocol seeks information on the approach and processes used by the taxpayer and his or her advisors to submit LPP applications, including whether and how the LPP protocol was used, whether computerized processes were used, and whether the assessment of LPP was “based on predetermined assumptions or assessments in the context of the disclosure.” This step is subject to the condition that the ATO recognize that legal professionals must comply with their ethical and professional obligations when advising and assisting clients in making LPP claims. Some laws we administer do not allow us to provide legally binding advice. But in the interest of providing the greatest possible support to taxpayers, we offer administratively binding advice on these laws in certain circumstances. We see ourselves administratively bound by this council. The Legal Board`s opinion of 19 November 2021 expressed concerns, including with regard to cases where the ATO appears to be requesting information on the subject matter of the consultation, including information such as subject lines.

We publish edited versions of all written binding advice we issue in ATO`s legal database. This increases the integrity and transparency of the private system of government and confirms that this is our official council. Professional secrecy (BVG) has been described as a fundamental right in our legal system and “a practical guarantee of fundamental, constitutional or human rights” (Glencore International AG v. Commissioner for Taxation [2019] HCA 26). The ATO recognizes that “the LPP is a fundamental common law right” and “supports taxpayers who apply for APL when disclosure is preferred.” However, the ATO has raised a number of concerns about the conduct of certain taxpayers, including: Our ATO Litigation Team can provide you with professional tax advice and help you resolve your tax dispute with the ATO. To book a consultation, please call our company at (02) 9233 4048 or email us at [email protected] Purpose This finding sets out the Commissioner`s proposed view on the extent to which the supply of a transaction account is exempt from GST pursuant to items 3 or 4(a) of subsection 38-190(1) of the GST Act. The full recognition of other public advice and guidance products regarding the permissible purpose of acquisitions to provide transaction accounts (see also item [3993]).

Purpose This provision states that an undertaking which carries on an undertaking in the general sense but whose sole activity is the leasing of an investment property cannot claim the concessions of the CGT for small undertakings. If you decide to ask the Federal Court or the Federal District Court to review the decision, we recommend that you seek professional advice on how to proceed. In addition, the Court will be able to provide you with advice and support with respect to the process. Such a request must be made within 28 days of the day on which the decision was made.