This presentation will provide an update on recent cases and developments regarding various taxpayer privilege claims made against and challenged by the Commissioner of Taxation (Commissioner). Specifically, it will address:
the Commissioner’s treatment of legal professional privilege (LPP) claims in response to notices issued under s 353-10 of Schedule 1 to the Tax Administration Act 1953 (Cth) by reference to the decision in CUB Australia Holding Pty Ltd v Commissioner of Taxation  FCAFC 171 and the hearings in Commissioner of Taxation v PricewaterhouseCoopers & Ors; and
the draft ATO LPP protocol released for public comment in late September 2021.
This presentation will also address the recent High Court case of Deputy Commissioner of Taxation v Shi  HCA 22, dealing with the privilege against self-incrimination in the context of a requirement to disclose information to the Commissioner.
Tax issues such as CGT (including rollover relief), Division 7A as well as trust and corporate law issues frequently arise in family law property proceedings. A recent trend has also seen the Commissioner of Taxation intervening in s79 proceedings to secure payment of tax debts owed by a party or parties to the marriage prior to any distribution of property.
The High Court handed down its decision in the case of the Federal Commissioner of Taxation v Thomas  HCA 31 on 8 August 2018. This seminar covers the key aspects of the case and their implications, including declaratory relief and the limits of the Executor Trustee case.
This CPD session discusses the impacts of the decision in Thomas v Commissioner of Taxation, and the implications and practicalities of distributing franking credits and net income of a trust to beneficiaries in different manners.