Tax Archives with Fletch and Sarah

In this episode, Fletch and Sarah break down the ATO’s draft TR 2026/D1 (about the income tax consequences of receiving and disposing of crypto assets by airdrop) and TD 2026/D2 (about the CGT consequences when crypto assets are wrapped or unwrapped using a smart contract). We work through the relevant crypto transactions and the Commissioner’s views on the tax issues that follow.
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The Federal Court has handed down its decision in Cameron v Commissioner of Taxation, and Fletch and Sarah are back to walk you through the key findings.
In this episode, we look at why the interest paid on a sub-trust loan was not deductible and why the Court was not satisfied that a family trust election had not been made.
We also talk about what this means in practice: how far back tax disputes can reach, why contemporaneous documents often hold more weight than a ‘confident’ memory, and in practice, how long you should really be keeping old files.
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The proposed 30% minimum tax on discretionary trusts is set to reshape how family and business structures are taxed.
This episode of Tax Archives with Fletch and Sarah works through Treasury's consultation paper: what's caught, what's carved out, the new minimum tax offset (or as we like to call it, the trust franking credit), why bucket companies will become a thing of the past, the proposed rollover relief for moving out of a discretionary trust, and the new personal liability risk for corporate trustee directors.
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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.
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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.
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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.
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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.
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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.
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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.
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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.