Tax Archives with Fletch and Sarah

The High Court has handed down its decision in Bendel. In this episode, we work through the majority’s decision. We cover the journey from the ART through to the High Court, the critical role of the trust deed and the significance of the resolutions made in Bendel. We also look at what the decision doesn't resolve and what advisers need to be thinking about before they draft their next resolution. Listen now.

Two weeks on from the 2026 Federal Budget, Fletch and Sarah are back to unpack the draft legislation and explanatory memorandum that have already hit Parliament. In this episode, we work through three of the proposed tax reforms in more detail: the removal of the 50% CGT general discount (with its asterisks and carve-outs); the quarantining of negative gearing losses on certain residential dwellings; and the new Division 119 minimum 30% tax on capital gains. We cover the transitional rules, the new capital gains method statement, and the indexation rules for individuals and trustees. We also look at the significant details still left to ministerial discretion — including the question of what will qualify as a 'new residential dwelling' — and what that means for advisers trying to give practical guidance right now. Listen now.

In this episode of Tax Archives with Fletch and Sarah, we discuss our initial reactions to last night's 2026 Federal Budget — the most tax-heavy budget we've seen in years. We cover three tax measures: the 30% minimum tax on discretionary trusts; changes to the CGT general discount; and the long-debated negative gearing reforms. We look at what the minimum tax means for trustees and beneficiaries, why bucket companies are persona non-grata, and what the return of cost-base indexation will mean in practice for advisers and their clients. Listen now.

In this episode of Tax Archives with Fletch and Sarah, we look at the Full Court's decision in Commissioner of Taxation v Morton and unpack what it means for landowners caught in the path of urban sprawl, developers and their advisers. The case is a reminder that even a 1,600-lot subdivision can be a mere realisation of a capital asset — but what was critical for Mr Morton will not be critical for all landowners (or developers). The terms of any development agreement are key. Listen now.

In this episode of Tax Archives with Fletch and Sarah, we look at the Full Court’s decision in SNA Group and unpack what it means for private groups, family businesses and their advisers. With increasing scrutiny from the ATO and State revenue authorities, strong documentation and governance are no longer optional — they are essential. Listen now.

From trolley collection services to cleaning businesses and security guards – is there a line between genuine subcontractor arrangements and labour hire arrangements for the purposes of the employment agent provisions in the payroll tax legislation? In our latest Tax Archives episode, Fletch and Sarah discuss the murky world of employment agents in a payroll tax context. They discuss cases and the different principles that can be pulled from those cases. Listen now.

In their first episode for 2026, Fletch and Sarah reflect on key lessons from 2025 and suggest the resolutions advisers should be taking into the year ahead. From documentation no-no’s to the 45-day holding rule for bucket companies, they break down how these issues may impact decisions and actions in 2026.

Let’s talk about Part IVA — where is the line between tax avoidance and ordinary tax planning? In this episode, Fletch and Sarah break down the elements of Part IVA, current risks and lessons from recent cases.

In this episode, Fletch and Sarah cross borders to expose one of Australian tax’s stealthiest provisions — section 99B — where what seems like a harmless capital payment from a foreign trust can quickly become assessable income for an Australian resident beneficiary. We unpack how sections 99B and 99C operate, when the Commissioner steps in, and why tracing the true source of funds is key to staying out of trouble. Along the way, we share practical tips for identifying amounts of corpus and the Commissioner’s current compliance approach to 99B.

In this episode, Fletch and Sarah tackle one of the most loaded words in tax — evasion. They break down the differences between tax evasion and tax avoidance, and how these concepts often play out in audits, objections, and litigation. Sarah shares her insider view in Kirtlan v Commissioner of Taxation, while Fletch dusts off the century-old Denver Chemical Manufacturing case, which still shapes how we think about tax evasion today. Listen now.

In this episode, Fletch and Sarah go undercover in SNA Group v Commissioner of Taxation (currently subject to appeal), investigating high-stakes service entity arrangements, and whether payments to related entities within the Coronis real estate group were deductible.