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Employee contract distinction – employment tax case, payroll tax, superannuation paper

Published on 26 May 22 by NATIONAL DIVISION, THE TAX INSTITUTE

This paper covers:

  • The practical implications arising from the High Court decisions
  • How the decisions, combined with other legal developments, will impact particular industries (including the gig economy)
  • Assessing the impact for business, including on historical arrangements and
  • The taxation implications of the decisions, including PAYG withholding, superannuation and payroll tax.

Author profiles

Iona Goodwin
Iona is a Special Counsel in the Hall & Wilcox employment team. With over 15 years’ experience, Iona’s advises companies in relation to engaging independent contractors, including drafting independent contractor agreements and providing advice as to the risks of sham contracting. She has experience in assisting clients with both litigious and non-litigious employment and workplace relations matters. She advises her clients on employment rights and obligations, workplace investigations, contracts of employment, employee claims, and termination of employment including redundancy. Iona also advises on the application and operation of industrial instruments, and conducts workplace training including on discrimination, bullying, and sexual harassment. - Current at 16 June 2022
Melinda Bell
Melinda is a Special Counsel in the Hall & Wilcox Employment team. She provides strategic and practical advice on a range of employment and industrial relations law issues. Recently, Melinda has been engaged in a number of underpayment and workplace compliance audits. She is experienced in managing such complex matters under client legal privilege, which includes dealing with internal and external stakeholders, considering reporting obligations, and dealing with regulators (including the Fair Work Ombudsman and Australian Taxation Office). With over 15 years’ experience, Melinda also regularly advises on the employment law aspects of commercial transactions, restructures, transfers of business and outsourcing/insourcing arrangements. Melinda was recognised in Litigation in Best Lawyers in Australia 2022. - Current at 30 June 2022
Anthony Bradica CTA
Anthony is a Partner with Hall & Wilcox. Anthony is a highly regarded tax practitioner with extensive experience in commercial transactions, deals and arrangements. Anthony has extensive tax advisory expertise in matters relating to income tax, corporate tax, employment taxation, financial services tax, the taxation of trusts, tax controversy involving Federal and state taxation authorities. In particular, Anthony specialises in providing tax structuring advice, due diligence and legal drafting for mergers, acquisitions, divestments, corporate restructures and business structuring, refinancing and debt and equity issues. Anthony has specific industry experience in the property sector, the funds management industry, the manufacturing sector, bio-technical companies, and providing assistance to start-up companies and is a published author and regular presenter on income tax law. - Current at 16 June 2022
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This was presented at VIC Tax Forum .

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