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ARTICLE · 13 APRIL 2025

Mid-March 2025 – Tax Update

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Update on key developments in taxation law for accountants and participants in the tax advice industry.

AustraliaTax
Andrew Pointon
Andrew Pointon
Tony Pointon
Tony Pointon
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This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry up to mid-March. This update in summary covers:

  1. The ATO's taxpayer alert in regard to restructuring trusts to access the MIT Withholding Regime
  2. New Taxation Determination 2025/D2 on section 109R ITAA36
  3. Tribunal decision on Ordinary Concepts Test and Domicile Test
  4. ATO shifting non-compliant small businesses to monthly GST

1 - TA 2025/1 - ATO relays concerns with restructuring trusts to access Managed Investment Trust Withholding Regime

On 7 March 2024, the ATO issued a taxpayer alert highlighting its concerns with arrangements that restructure an existing trust or inward investment structure to inappropriately access the MIT withholding regime. It is clearly directed to restructures to achieve an MIT outcome done without any underlying commercial purpose.

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