Vic land tax: Living and Leisure Australia Ltd v Comr of State Revenue – Agreements to use of Crown land in ski resort dutiable as a ‘lease’ – exclusive possession granted

The Victorian Supreme Court has dismissed a taxpayer’s appeal against land tax assessments in respect of Crown lands within the alpine resorts at Falls Creek and Mount Hotham which were used and occupied by wholly-owned subsidiaries of the taxpayer. The Commissioner had issued land tax assessments for the 2010 to 2015 years in respect of…

Donoghue v FCT (No 2) – Commissioner’s application to dismiss action (on taxpayer failing to appear) dismissed – arguable case involving tax residence and $17m tax and penalty

The Federal Court has refused the Commissioner’s application for dismissal of a taxpayer’s taxation appeal proceedings for a want of prosecution. The taxpayer has appealed against the Commissioner’s disallowance of his objections against amended assessments for the 2005 to 2007 years inclusive. Tax and penalties total around $17 million. The substantive issue concerns whether, in…

OECD releases first ‘peer reviews’ on spontaneous exchange on private tax rulings affecting Multi-Nationals – BEPS Action 5, minimum standard

04/12/2017 – As part of continuing efforts to improve tax transparency and the international tax framework, the OECD has released the first analysis of individual countries’ progress in spontaneously exchanging information on tax rulings in accordance with Action 5 of the BEPS package of measures released in October 2015. The first annual report on the…

GIC set at and SIC rates – for Q3, 2017-18 (Jan – Mar 2018) set at 8.72% pa and 4.72% pa, respectively

The ATO has released the General Interest Charge (GIC) and Shortfall interest charge (SIC) rates for the third quarter of 2017-18 covering Jan- March 2018. They are:

  • GIC annual rate – 8.72%
  • GIC daily rate – 0.02389041%.
  • SIC annual rate – 4.72%.
  • SIC daily rate – 0.01293151%.

[ATO website: GIC, SIC; LTN 233, 5/12/17; Tax Month Dec 2017]

Audit of ATO’s ‘Reinventing’ Program – ANAO’s report on cost management showed good systems but poor use

The Australian National Audit Office (ANAO) has released its performance audit report on the Costs and Benefits of the Reinventing the ATO Program. The ATO said the overall intent of the Reinventing the ATO program was to transform the ATO’s internal culture, “providing a stronger connection to the community and an openness and willingness to…

SMSF $1.6m ‘transfer balance cap’ reporting – when pre & post 1 July 2017 events and pre-existing income streams must be reported – ATO guidance

Following our announcement on 9 November 2017 on when self-managed super funds (SMSFs) need to report events affecting their members’ transfer balance, we have developed this article you can use as a quick reference guide. The ATO put out this guidance on 5 Dec 2017. Events you need to report You only need to report events…

Excess Transfer Balance Determinations – ATO will send from January 2018 – guidance for SMSF members and trustees

From January 2018 the ATO will start sending Excess Transfer Balance (ETB) Determinations to individuals who have exceeded their transfer balance cap and not rectified the excess. These will generally be based on information APRA funds will have reported to the ATO. If an SMSF member receives one of these ETB Determinations, remember: If the SMSF trustee must…

Deductible Gift Recipients – changes in regulation including: charity registration; no ‘in Australia’ reform (‘external conduct standards’ instead); report political donations and ‘remediation’ work by environmental organisations

On 5 Dec 2017, the Minister for Revenue and Financial Services, the Hon Kelly O’Dwyer MP, announced that the Government will reform the administration and oversight of organisations with Deductible Gift Recipient (DGR) status. Referring to the proposed reforms as ‘sensible’, she said that they will enhance the role of the Australian Charities and Not-for-profits Commission…

Digital Currencies ‘financial supplies’ – Treasury Laws Amendment (2017 Measures No 3) Regulations 2017 – to complete the measure giving ‘digital currencies’ the same status as ‘foreign currencies’

The Treasury Laws Amendment (2017 Measures No 3) Regulations 2017 were registered on Mon 4.12.2017 (No. 3 Regulation). They amend  the main GST Regulations, to allow for ‘digital currencies’ (broadly fungible digital units of consideration that are valuable only as consideration – see actual definition below). This change is part the measure announced by the Government in…