Tax Talks

October delivered another substantial month of tax developments, with new legislation, significant court decisions and further ATO guidance continuing to reshape the landscape for accountants and tax practitioners. In this episode of Tax Talks, Rajan Verma and Andrew Henshaw are joined by Aaron Fitchett, Managing Partner at Baumgarteners, to unpack the October 2026 developments and what they mean in practice. The discussion covers: the latest legislation on the CGT reforms and proposed 30% minimum tax for discretionary trusts; restructuring issues arising from the EET regime, rollover pathways and state duty; updates to the Innovative Business CGT Concession and R&D tax incentive; recent cases involving CGT timing, GST, FBT and Division 7A; Victoria’s vacant residential land tax holiday home exemption; recent High Court and ATO developments; and new draft guidance on when an individual is carrying on a business. A practical discussion of the reforms, cases and compliance issues advisers need to have on their radar.

The September episode of Tax Talks sees Andrew Henshaw and Rajan Verma joined by Karen Goodfellow of Goodfellow Tax Advisory to unpack the major Australian tax developments from September 2026. The discussion begins with the exposure draft package for the proposed 30% minimum tax on discretionary trusts. The panel examines which trusts and income streams may fall outside the regime, the proposed broader definition of a fixed trust, the treatment of company beneficiaries and the complexity of adding a minimum tax framework on top of the existing trust tax rules. The episode then turns to the proposed election allowing existing trusts to avoid the minimum tax by fixing future income and capital distributions. The panel considers the consequences of making an irrevocable election, including changes in family circumstances, corporate beneficiaries, charitable distributions, asset protection, family law and succession planning. They also review the proposed trust restructure rollover, including its all-assets approach, duty concerns and the risks of moving assets into a company. The panel also examines the proposed innovative business CGT concession, including the holding period, registration process, Australian activity requirements, excluded industries and the challenge of maintaining eligibility through to a future CGT event. The cases section covers the Hilton Hotels Part IVA decision and what it may mean for restructures undertaken before a sale, contemporaneous documentation and how far the ATO may look back when identifying a broader scheme. The episode concludes with a recent tax residency decision involving an engineer working in Dubai, highlighting the difficulty of severing Australian tax residency, the importance of establishing a permanent place of abode overseas and the potential CGT consequences of leaving Australia. Across these topics, the panel returns to a practical message for accountants and advisers: understand the proposals, identify affected clients and preserve the evidence supporting important decisions, but avoid taking irreversible steps while the law remains unsettled.

Episode 5 of Tax Talks sees Andrew Henshaw and guest co-host Ani Tuna joined by Vincent Licciardi from HWLE to unpack the major tax developments from August 2026. The discussion begins with increasing scrutiny from the ATO and Tax Practitioners Board, exploring disclosure obligations, annual registration renewals and fit and proper person requirements. The panel examines the Free decision and the risks practitioners face when outstanding tax obligations or adverse findings remain undisclosed, including where the underlying matters are disputed. The episode then examines the second tranche of draft CGT and negative gearing measures, analysing valuation challenges, main residence issues, small business concessions and the proposed definition of a new residential dwelling. The discussion also considers foreign resident CGT reforms and changes to SMSF limited recourse borrowing arrangements, including transitional contracts, business real property and refinancing. The panel reviews recent Victorian and New South Wales state tax cases involving windfall gains tax, property nominations and landholder duty, highlighting how contract dates and transaction sequencing can produce unexpected liabilities. The discussion also explores engagement scope, client expectations and the risks for accountants advising outside their areas of expertise. The episode concludes with GST credits on legal and litigation costs, developments concerning Bitcoin and draft ATO guidance on crypto transactions, and the Division 293 consequences of receiving employment income in arrears. Across these topics, the panel highlights the importance of precise timing, supporting evidence and identifying risks before transactions proceed.

Episode 4 of Tax Talks sees Andrew Henshaw and Rajan Verma joined by Stacey Zuluaga to unpack the major tax developments from July 2026. The discussion begins with the commencement of Payday Super and the expanded Anti-Money Laundering (AML) regime, exploring the practical impact on accountants and small businesses, including cash flow pressures, compliance processes, client onboarding and the growing administrative burden on advisers. The episode then examines the Government's consultation paper on the proposed 30% minimum tax for discretionary trusts, analysing the practical implications for bucket companies, trust losses, testamentary trusts, family trust elections, restructures and corporate beneficiaries. The discussion also considers whether the proposals simplify the tax system or add another layer of complexity. The hosts review the ATO's Decision Impact Statement following SEPL Pty Ltd as trustee of the SFT Trust v Commissioner of Taxation [2026] FCAFC 36, discussing what the Full Federal Court's decision means for private businesses, fringe benefits tax and the distinction between benefits provided in an owner's capacity rather than an employee's capacity. The episode concludes with a review of recent cases, including Baron on serious hardship relief, SKG Cleaning Services Pty Ltd v Chief Commissioner of State Revenue on payroll tax employment agency provisions, and Forever Grateful Holdings Pty Ltd on trust restructures and transfer duty, highlighting the practical lessons for advisers dealing with payroll tax, state taxes and trust administration.

In Episode 3 of Tax Talks, Andrew Henshaw, Rajan Verma and special guest Nick Schaeffer (Partner, PGP Consulting) unpack the biggest Australian tax developments affecting accountants, advisers and business owners. Topics include the High Court's landmark Bendel decision on Division 7A and unpaid present entitlements (UPEs), the latest Federal Budget tax measures, Victoria's updated trust duty guidance, significant payroll tax developments, residency and CGT cases, and what practitioners should be preparing for in the new financial year. In this episode: Bendel: What the High Court decision means for Division 7A, UPEs and trust distributions. The ATO's Decision Impact Statement and practical implications for advisers. Federal Budget updates, including changes to CGT, negative gearing, SMSF borrowing arrangements and innovative business concessions. Victorian trust variation guidance and stamp duty risks. Payroll tax grouping and degrouping developments following the Winya decision. Residency, hardship and payroll tax cases every adviser should know. Practical tax planning considerations for FY2026 and beyond. Whether you're a tax adviser, accountant, business owner or legal professional, this episode delivers practical insights into the latest tax developments and how they may affect your clients and practice. Topics: Division 7A, Bendel, UPEs, Small Business CGT Concessions, Payroll Tax, Trusts, SMSFs, Tax Residency, Victorian Stamp Duty, ATO Updates, Tax Planning, Australian Tax Law, Accountants, Tax Practitioners, Federal Budget, Tax Talks Australia.

May was one of the biggest months for tax in recent memory. In Episode 2 of Tax Talks, hosts Andrew Henshaw and Rajan Verrma are joined by Anthony Tripolino from Tripolino Accountants to unpack the Federal Budget and the significant tax measures that have sparked widespread discussion across the profession. The episode explores the proposed capital gains tax reforms, changes to negative gearing, the proposed 30% minimum tax on discretionary trusts, family trust distribution tax issues, and the practical implications these measures may have for accountants, business owners and investors. The discussion also covers several recent tax cases, including decisions involving Division 7A, family trust elections, section 99B foreign trust distributions, trust deductions and burden of proof issues. For accountants, tax practitioners and advisers wanting to stay across the latest developments, this episode provides a practical discussion of the issues currently shaping Australia's tax landscape.

In this first episode of Tax Talks, Rajan Verma and Andrew Henshaw review the key Australian tax developments from April 2026. They discuss possible changes to the 50% CGT discount, proposed amendments to foreign resident CGT rules, the new $1,000 work-related deduction, and recent cases across FBT, property development, home office deductions and Division 7A. The episode also covers ATO guidance on property development arrangements and Part IVA, deceased estate main residence extensions, and upcoming issues including the Federal Budget, Bendel and the Uber payroll tax appeal. Designed for accountants, tax agents, tax practitioners and other professionals, this episode provides a technical and practical summary of April's key tax updates.

Tax Talks enters a new phase. In this pilot episode, the new hosts are joined by Tax Talks creator Heide Robson to introduce the direction of the podcast and what listeners can expect going forward. The focus remains clear: delivering practical, technically sound tax insights for accountants, advisers and business owners operating in an increasingly complex environment.

Here are eight useful lessons about family law property settlements. Mortgages, loan agreements and trusts might protect you less than you think.

When your clients separate from their partners, you are usually involved in some shape or form. Your divorcing clients will probably ask you to provide financial statements, copies of tax returns and copies of the relevant ITA and ICA accounts in the ATO portal. And ask you a ton of questions, especially about their position in the family law property settlements.