Taxation Law FAQ - Am I responsible for the PAYW of independant subcontractors?
Date: July 13, 2011
Q. I am currently involved in a business which relies on a number of independent subcontractors to carry out the work necessary for the business to continue to operate. I have been approached by the Australian Taxation Office stating that as far as they are concerned I am responsible for the PAYW and that I should remit it to them. I have checked their website and noticed that in the particular industry in which I am engaged they have set up a model which is contrary to what they are saying to me. What should I do?
A. There are a number of tests which have to be applied where independent subcontractors are involved. The main one is the control test and although some commentators say it is not conclusive it is of some assistance in trying to determine the status of whether or not the so-called independent subcontractors are just that or deemed employees. Even if you are complying with a taxation model and the ATO were prepared to accept that it does apply, there is no doubt that over time your position may be contested in court and where they have no other employer and are supervised, directed and controlled by you then it is highly likely that they will be found to be deemed employees which has certain taxation consequences for you. Irrespective you need to seek independent legal advice to determine what is best for you given your particular circumstances.
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Date: July 14, 2011
Taxation Law FAQ - Can I Claim Holiday Costs When Visiting Tax Havens?
Date: July 14, 2011
Author(s): LAC Lawyers
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Date: July 14, 2011
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Date: July 14, 2011
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Date: July 14, 2011
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Date: July 14, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Taxation Law FAQ - Should I Destroy All My Business Documents?
Date: July 13, 2011
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Date: July 13, 2011
Taxation Law FAQ - Should I restructure my assets to make them more tax effective?
Date: July 13, 2011
Taxation Law FAQ - Summonsed By The ATO, Failed To Lodge Returns
Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: July 13, 2011
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Date: March 03, 2011
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Date: March 03, 2011
My company holds the total distribution rights for a particular product in Australia. Very simply, I came across an aggressive competitor who is selling the full range of products which fall under my distribution agreement. Can you help me and what can I do
Business & Commercial Law FAQ - Approached by another company prior to your product release?
Date: March 03, 2011
My company is a software developer and recently we have developed a system which revolutionises the way in which business is transacted in the market segment our program services. We have been approached by another company who has been made aware of what we are doing prior to its release. What should we do in the circumstances and are you able to assist us
Business & Commercial Law FAQ - Buying a restaurant and require the services of a lawyer who is familiar with liquor licensing?
Date: March 03, 2011
I wish to buy a restaurant and need to have the services of a lawyer who is familiar with liquor licensing. Can you assist
Business & Commercial Law FAQ - Cost indication for creation of documents to start franchise?
Date: March 03, 2011
I wish to set up my own franchise and I need an indication of the cost to draft the necessary documents required by law
Business & Commercial Law FAQ - Director has taken money from the company’s accounts set aside for tax?
Date: March 03, 2011
I am a director of a company and I have just found out that another director has taken money from the company’s accounts set aside for tax purposes – what should I do
Business & Commercial Law FAQ - Gambler, Loan Agreement with redraw facility bank did not refuse access?
Date: March 03, 2011
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Business & Commercial Law FAQ - I am currently considering entering into a joint venture?
Date: March 03, 2011
I am currently considering entering into a joint venture. What should I do
Business & Commercial Law FAQ - I am currently looking at buying a franchise?
Date: March 03, 2011
I am currently looking at buying a franchise and was wondering whether to deal with these types of matters
Business & Commercial Law FAQ - I am in the process of starting up an internet based business?
Date: March 03, 2011
I am in the process of starting up an internet based business and wanted to know whether you have any expertise in this area
Business & Commercial Law FAQ - I am looking to buy a commercial property in NSW?
Date: March 03, 2011
I am looking to buy a commercial property in NSW from which to run my business and was wondering whether you can assist
Business & Commercial Law FAQ - I have developed a unique business which I wish to franchise?
Date: March 03, 2011
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Business & Commercial Law FAQ - I own a large company and have been approached by a competitor to buy it?
Date: March 03, 2011
I own a large company and have been approached by a competitor organisation to buy it. The offer is an extremely good one. Are you able to advise and prepare all the necessary documentation to allow the sale to proceed
Business & Commercial Law FAQ - I run a nightclub with a friend who also has other business interests?
Date: March 03, 2011
I run a nightclub with a friend who also has other business interests. Recently he has become significantly disinterested in the business and continues to make substantial drawings. What can I do
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Date: March 03, 2011
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Date: March 03, 2011
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Business & Commercial Law FAQ - I want to purchase my friend’s business, can I use the same accountant or lawyer?
Date: March 03, 2011
I want to purchase my friend’s business – can I use the same accountant or lawyer to save on costs
Business & Commercial Law FAQ - If I declare myself bankrupt will I be able to escape my creditors?
Date: March 03, 2011
If I declare myself bankrupt will I be able to escape my creditors and get on with my life and start again
Business & Commercial Law FAQ - Master franchisor is refusing to accept his responsibility to ensure that poaching does not occur?
Date: March 03, 2011
I am a franchisee and paid good money for the franchise which I operate. Recently it came to my attention through a number of other franchisees that the master franchisor is refusing to accept his responsibility to ensure that poaching does not occur. What should I/we do in the circumstances
Business & Commercial Law FAQ - Money was subscribed to a company on the basis that I would be a shareholder?
Date: March 03, 2011
Money was subscribed to a company on the basis that I would be a shareholder. Yet a check with ASIC indicates that this has not occurred
Business & Commercial Law FAQ - My business partner has withdrawn all the funds from the business account?
Date: March 03, 2011
I am in a partnership and my partner has withdrawn all the funds from the business account - Can they do that
Business & Commercial Law FAQ - Purchased Franchise Business - Claims by Franchisor?
Date: March 03, 2011
About six months ago I bought a franchise business and it is obvious that the claims made by the franchisor are not and could never be met. In addition 50% of the annual franchise fee is to go to promotions and advertising with very little of this having been done. What are my options and can you help me
Business & Commercial Law FAQ - Statement of claim?
Date: March 03, 2011
We have been dealing with a company who has been providing services to us for some years and we have always paid them 60 days. Recently due to changing business conditions we have not used their services and have been served with a statement of claim claiming amounts outstanding past 14 days. Is there anything we can do in these circumstances and can you help us
Business & Commercial Law FAQ - When you buy a franchise does a lawyer need to be involved to assist me?
Date: March 03, 2011
When you buy a franchise does a lawyer need to be involved to assist me? If so what are the major risk areas for me
Business & Commercial Law FAQ - Will it take me long to obtain a certificate of independent legal advice?
Date: March 03, 2011
Will it take me very long to obtain a certificate of independent legal advice
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Date: March 03, 2011
We work in the financial services industry and wish to retain a lawyer to assist us in setting up a managed investment fund. Can you assist
Business Law FAQ - Are companies superior to partnerships?
Date: March 03, 2011
Are companies superior to partnerships?
Taxation Law - Personal Services Business Structures
Date: January 13, 2011
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary), Scott Gray LPAB, Grad. Dip. Legal Practice
When an individual has derived Personal Services Income (PSI) the income will be taxed at marginal rates unless the individual is deemed to be carrying on a Personal Services Business (PSB). There are four tests to determine whether a PSB exists
Taxation FAQs
Date: March 22, 2008
Author(s): LAC Lawyers