Blog by NextGen iQ

ESIC Schemes and Part IVA

The ATO has sharpened its stance on Early Stage Innovation Company (ESIC) investments, confirming that some schemes marketed under the ESIC framework may breach Part IVA — the general anti-avoidance rule in the tax law.


This came through in
TD 2025/D1, a draft determination released in response to co...
Working Abroad, Still Tax Resident

In Quy and Commissioner of Taxation [2025] ARTA 174, the Administrative Review Tribunal (ART) reaffirmed a key point that regularly trips up expats and mobile professionals:

"Just because you live and work overseas doesn’t mean you’ve stopped being a tax resident of Australia".


This case se...
ATO Pushes Non-Compliant Small Businesses to Monthly GST Reporting

Starting 1 April 2025, around 3,500 small businesses will be moved from quarterly to monthly GST reporting — not by choice, but by directive.


This latest compliance measure from the ATO is part of its
“Getting it Right” campaign, and it’s aimed squarely at businesses with a track record of non-paymen...
Smarter FBT Record Keeping

FBT season just got a little more manageable.


As of 1 April 2024 (i.e. for the 2025 FBT year), the ATO has introduced new flexibility around how employers can meet their documentation obligations — especially for benefits like travel, meals, and car-related claims.


In short: you can now use business r...

Employee or Contractor?

The Federal Court has weighed in once again on the meaning of "employee" for superannuation guarantee (SG) purposes — and it’s clear the line between employee and contractor isn’t just legal, it’s functional.


In Commissioner of Taxation v Hatfield Plumbing Pty Ltd (Trustee) [2025] FCA 182, ...


Parking, FBT, and the ATO’s Problem with Shopping Centres

In what might be one of the most relatable FBT issues for suburban and regional employers, the Federal Court has handed down its decision in Toowoomba Regional Council v Commissioner of Taxation [2025] FCA 161. The question? Is a shopping centre car park a “commercial parking station” for fringe ben...

Not Every Broken Deal is a Deduction

That’s exactly what was at stake in Tabcorp Maxgaming Holdings Ltd v Commissioner of Taxation [2025] FCA 115. The taxpayer argued that the end of a gaming licence created a deductible financial arrangement under Division 230. The Federal Court disagreed — and in doing so, reminded us that Division 2...

CGT Rollover and Division 615

One of the more technical updates this month involved capital gains tax (CGT) rollover relief under Division 615 — specifically, whether a restructure that already qualifies for rollover can also trigger a cost base step-up via tax consolidation.


This issue came to a head in
AusNet Services Ltd v Com...
Division 7A, Notional Loans and the ATO’s Latest Draft

Let’s be honest — Division 7A has never been light reading. And just when we start to feel comfortable navigating the usual repayment options, TD 2025/D2 lands in our inbox, reminding us that the waters run deeper than we thought.


This new draft determination focuses on section 109R — the anti-avoida...
Division 7A and the Bendel Blow 

We’ve been keeping an eye on the Division 7A debate for years, and April’s tax update served a firm reminder that this is far from settled. The Full Federal Court has now unanimously ruled against the ATO in Commissioner of Taxation v Bendel, concluding that an unpaid present entitlement (UPE) to a ...