Tax Archives with Fletch and Sarah

HLS Tax Law
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Unlocking the secrets of Australian tax law Step inside the Tax Archives with Fletch and Sarah - where Fletch Heinemann and Sarah Lancaster delve into a treasure trove of tax issues. Some are hot off the press, others need dusting off, but all are relevant to anyone intrigued by tax and keen to discover more. 

  1. 6d ago

    Crypto assets: income tax consequences on airdropped crypto assets and wrapping crypto assets

    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. Listen now.

  2. Aug 12

    Cameron v Commissioner of Taxation - interest deductibility and FTEs

    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. Listen now.

    Cameron v Commissioner of Taxation - interest deductibility and FTEs

  3. Jul 29

    The 30% minimum tax on discretionary trusts: inside Treasury's consultation paper

    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. Listen now.

    The 30% minimum tax on discretionary trusts: inside Treasury's consultation paper

  4. Jun 16

    Unpacking Bendel and what it means for UPEs

    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.

    Unpacking Bendel and what it means for UPEs

  5. Jun 2

    The legislation lands — what do the 2026 Federal Budget tax changes mean in practice?

    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.

    The legislation lands — what do the 2026 Federal Budget tax changes mean in practice?

  6. May 13

    2026 Federal Budget recap: trusts, CGT and negative gearing

    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.

    2026 Federal Budget recap: trusts, CGT and negative gearing

  7. May 5

    Commissioner of Taxation v Morton: is the farm being sold on capital or revenue account?

    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.

    Commissioner of Taxation v Morton: is the farm being sold on capital or revenue account?

  8. Mar 29

    SNA Group Full Court decision: when family agreements fall apart

    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.

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Unlocking the secrets of Australian tax law Step inside the Tax Archives with Fletch and Sarah - where Fletch Heinemann and Sarah Lancaster delve into a treasure trove of tax issues. Some are hot off the press, others need dusting off, but all are relevant to anyone intrigued by tax and keen to discover more. 

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