Section 108 - debt forgiveness

Article Abstract:

Forgiving a company's shareholder's debt may have adverse tax consequences. Section 108 of the 1936 Tax Assessment Act describes the forgiven debt as a dividend. Lonsdale Sand and Metal Pty Ltd argued that Section 108 didn't apply to a debt settlement transaction, but the judge disagreed. A 1998 amendment offers five situations in which the forgiven debt is not taxable.

author: Richards, Robert
Corporate Income Taxes, Finance, Stockholders, Lonsdale Sand and Metal Pty Ltd

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Ralph recommendations - planning ahead

Article Abstract:

Australian government's proposals for business tax reform based on the Ralph Committee's Review of Business Taxation are analyzed. Additional information on income tax issues is also included.

author: Richards, Robert
Planning, Taxation, Business enterprises

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Transfer of goodwill and liability for CGT and duties

Article Abstract:

Taxation issues and cases involving the value of goodwill, taxpayer's rights, superannuation legislation, and legal professional privilege are examined and discussed for the reader.

author: Richards, Robert
Interpretation and construction, Goodwill (Business)

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subjects list: Australia, Cases, Laws, regulations and rules, Column, Income tax, Tax policy, Tax law, Tax reform
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