T a x  T e c h n i c a l  –  M o n t h l y  N e w s

– February 2017 Developments –

This is a collection of developments in Australian tax law and practice that occurred in February 2017
which aims to be relevant to tax practitioners.[i]

Compiled By

F John Morgan
A member of the Victorian Bar (www.FJMtax.com)

Table of Contents

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ACTS, BILLS AND ANNOUNCEMENTS

Acts, Bills & Draft Legislation

Crimes Amendment (Penalty Unit) Bill 2017 introduced to increase the Commonwealth ‘penalty unit’ from $180 to $210 from 1 July 2017 and defer the first automatic 3 year CPI adjustiment to 1 July 2020

Treasury Laws Amendment (2017 Measures No 1) Bill 2017 introduced – changes 2016 ‘Innovation’ measures, so that investors through an interposed trust can access to CGT concessions; ASIC/ATO info sharing

Treasury Laws Amendment (Working Holiday Maker Employer Register) Bill 2017 – information kept by the ATO on employer registration will be kept confidential

Announcements

Diverted Profits Tax and other Multinational Tax Avoidance measures Bills were referred to a Senate committee for report by 20 March 2017

BASE EROSION & PROFIT SHIFTING (BEPS)

CASES AND APPEALS

High Court

Full Federal Court

Federal Court

Administrative Appeals Tribunal (AAT)

Other Courts & Tribunals

Anglo American Investments Pty Ltd v DCT – illegally obtained material from the Cayman Islands did not prevent collection of the tax; whether this was “conscious maladministration” was beyond the State Court’s jurisdiction

Appeals

COMMISSIONER’S PUBLICATIONS & NEWS

Decision Impact statements

Rulings

Determinations

Law Companion Guides

Class Rulings & Product Rulings

ATO Interpretative Decisions

Practice Statements

Practical Compliance Guides

Tax Alerts

Other ATO news or statements

GST DEVELOPMENTS

Legislation & Announcements (GST)

Treasury Laws Amendment (GST Low Value Goods) Bill 2017 – will make the supply of ‘low value goods’ (to Australian consumers) taxable in Australia and make ‘electronic platform’ operators and ‘re-delivers’ liable for the tax also

Cases (GST)

Uber B.V. v FCT – uberX drivers must register for GST, irrespective of turnover, as they supply “taxi services” within the ordinary meaning of the relevant terms – despite all the distinctions put forward by Uber

Rulings, Etc. (GST)

SUPERANNUATION DEVELOPMENTS

Legislation, Announcements etc. (Super)

Cases (Super)

Rulings & Other things (Super)

‘SMSF Association’ and ATO announce strategic 3 year partnership to jointly to ensure effective regulation and integrity of the SMSF sector

AUSTRALIAN CHARITIES & NOT-FOR-PROFITS (ACNC) SECTOR

BOARD OF TAXATION

EXTERNAL SUPERVISORS – IGT, JCPAA & ANAO etc.

TAX PRACTITIONERS BOARD & LEGISLATION

STATE TAXES

Legislation & Announcements (State)

Cases (State)

NSW land tax: Chief Comr of State Revenue v Metricon Qld Pty Ltd – dominant purpose test, in primary production exemption, involves assessing competing physical uses (grazing cattle) not the ‘land-bank’ purpose of holding the land

Rulings & Other (State)

OTHER DEVELOPMENTS


[i]           Sources – abbreviations: ‘ATOlpr’: ATO Legal Professions Relationships emails; ‘IT’: Inteliconnect Tracker (CCH); ‘LCA’: Law Council of Australia; ‘LTN’: Latest Tax News (Thomson Reuters); ‘Sievers’: Chris Sievers’ GST post (www. http://chrissievers.com); ‘TBA’: Tax Bar Association Newsletter; TX: Tax Week (Thomson Reuters); ‘Vine’: The Tax Institute’s Tax Vine.

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