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Key considerations for NFPs coming into the new year

As we approach a well-deserved holiday break, purpose driven organisations will be looking forward to the new year with many wondering ’What does the coming year hold?’ While we may not hold a crystal ball, there are some common considerations that appear to be holding centre stage for not-for-profit organisations as they look to 2023.

ATO finalises guidance on the anti-avoidance provision dealing with trust distributions (section 100A)

The ATO has finalised draft guidance on the application of section 100A to trust entitlements, staying close to the original released earlier this year. The finalisation comes despite two cases (both for and against the Commissioner) currently on appeal to the Full Federal Court. The guidance provides a very stringent view by the ATO on what may fall within the scope of section 100A. This may create significant risks with respect to trust distributions that will need to be managed very carefully.

Payroll tax gone viral! Considerations for medical practices following the decision in Thomas and Naaz

Medical and allied health practices across Australia should consider their payroll tax obligations in relation to payments to medical and healthcare practitioners. Revenue Authorities are likely to enhance their payroll tax compliance activities following the decision by the NSW Civil and Administrative Tribunal Appeals Panel decision to dismiss the taxpayer’s appeal against the original Tribunal decision in Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue.

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