‘Residency – Individuals (and trusts)’ – a valuable Paper delivered to the LIV Tax Discussion Group in September 2019September 19, 2019
Productivity Commission recommends – abolish ‘Zone Tax Offset’; Refresh Remote Area Allowance; Keep FBT Remote Area ConcessionsSeptember 7, 2019
IGTO issues its ‘operational guidelines’ for both ‘complaints’ about ATO decisions and also reviews and investigations into ‘systemic’ ATO issuesSeptember 7, 2019
ATO’s ‘take’ on their Glencore transfer pricing loss – they’re considering an appeal – but otherwise extol the virtues of ‘arms -length’ pricingSeptember 7, 2019
Glencore Investment Pty Ltd v CofT – ‘Swiss Head Co – Aus Sub’ Pricing Agreement did not offend either Div 13A or Subdiv 815-A Transfer Pricing Provisions (within arm’s length and restructuring agreement not permitted)September 7, 2019
Taxation of the Digitalised Economy – An Informal Update by Tony Stolarek given to the Melbourne Taxation Discussion GroupSeptember 7, 2019
Treasury Paper on ‘progressive tax rates’ in Australia – just how much difference is there in the tax paid by the top ‘decile’ over the last 22 years?September 3, 2019
ATO’s Report on Consultations in July 2019 – consultations received, open & completed and meetings of various Steering, Working, Stewardship, Co-design & Focus GroupsSeptember 2, 2019
Glencore v CofT – Law Council’s summary of the High Court’s seminal decision holding ‘legal professional privilege’ is only a ‘shield’ not a ‘sword’September 2, 2019
Binqld Finances Pty Ltd (In Liq) v Israel Discount Bank Ltd – Commissioner ordered to produce a copy of his deed, with certain taxpayer information redacted because it was “protected” under TAA53 secrecy provisionsSeptember 2, 2019
ASIC disqualifies Cairns director from managing companies after engaging in illegal phoenix activitySeptember 2, 2019
Firefighters Benefit Fund of WA Inc v CofT – Firefighters Benefit Fund carrying on insurance business for income tax purposes and was therefore assessable on receiving member contributionsAugust 31, 2019
NTLG June 2019 Key Messages – Commissioner’s Remedial Power not working as intended; ATO panels; Environmental Scan; IGT’s report on the ‘Future of the Tax Profession’; ATO engaging with taxpayersAugust 31, 2019
Board of Taxation – August 2019 Update – VicBar’s Dr Julianne Jacques acting Chair; Corporate Residency review; 169 signatories to Voluntary Transparency Code; FBT Compliance cost report soon; ‘Granny Flat’ (life care) arrangements & tax impediments to avoiding elder abuseAugust 31, 2019
LIV opposes, as misconceived, the ATO’s proposal to make Vic & NSW Lawyers report, to their regulator, conduct that offends (or might offend) the ‘Promotor Penalty Provisions, under changes they suggest, in Legal Profession Uniform LawAugust 31, 2019
NZ Commr of Inland Revenue fails in Supreme Court Appeal against a decision enforcing her to deliver information to the Korean National Taxation Service under the NZ-Korea Double Tax AgreementAugust 31, 2019
Land Tax Trust Surcharge – Nomination of Principal Place of Residence (PPR) beneficiary and notice of beneficial interestsAugust 31, 2019
Law Council of Australia’s submissions opposing the ATO’s proposal to change the Legal Profession Uniform Law and Rules to make any actual or potential ‘Promoter Penalty’ conduct a ‘show cause event’ threatening the lawyers ‘practising certificate’August 31, 2019
Tax Haven complications – ‘Panama’ and ‘Paradise’ Papers – CFC, MAAL, DPT, DTA, MLI and Part IVA (as the great John McEnroe used to say: ‘are you serious?’)August 31, 2019
Inquiry into the performance of the Inspector-General of Taxation (IGT) – Law Council of Australia (LCA) Submission to the Senate CommitteeAugust 31, 2019
PCG 2019/D3 – Thin cap: ATO ‘practical compliance guide’ to using the ‘arm’s length debt test’ – what is the ‘low risk’ approach to this high risk Div 820 approach?August 30, 2019
Small Business Ombudsman is investigating the Government clawing back millions in R&D claims from small business (ATO offends Kate Carnell again)August 28, 2019
TD 2019/D5 – Early stage innovation companies – tax offset and CGT exemption: administration of ‘early stage’ $1m expenses incurred under early stage testAugust 28, 2019
Ariss v CofT – Personal services income: consultant’s attempt to split income with spouse failsAugust 28, 2019
Burton v CofT – Only 50% of US CGT allowed as foreign tax offset as only 50% of Australian capital gain assessable & a majority said the DTA argument failed – appeal dismissedAugust 28, 2019
Wilkins v ASIC – SMSF loans applications in wrong name: mortgage broker’s ban reduced by AAT from 3 years to 18 months as not dishonestAugust 28, 2019
DCT v Pedley – DPN liability stands – no basis to say that company payments should have been applied company debts for which director was personally liableAugust 26, 2019
Treasury Laws Amendment (Putting Members’ Interests First) Bill 2019 – require insurance, in superannuation funds, be provided on an opt-in basis for: (i) account balances less than $6,000; and (ii) members under 25 years oldAugust 20, 2019
‘Opt-in’ insurance in super funds for members under 25 or with sub $6,000 account balances – Senate Committee’s report tabledAugust 20, 2019
Treasury Laws Amendment (2018 Superannuation Measures No 1) Bill 2019 reintroduced – SGC opt out for some employers of multi-employer members; NALI provisions extended to non-arm’s length expenses and ‘Total Superannuation Balance’ to include LBRA balances in some casesAugust 20, 2019
Measure to ensure that ‘salary sacrificed’ to employer superannuation contributions do reduce the SGC employer contributionAugust 19, 2019
Treasurer’s ‘roadmap’ to the Governments’ legislative response to Commissioner Hayne’s recommendations in his Banking Royal Commission Final ReportAugust 19, 2019
Disclosure of Tax Debt information to ‘credit reporting bureaus’ – AFR article on BillAugust 19, 2019
Schedule 2F ‘family trusts’ no longer carved out of rules against ‘circular distributions’August 19, 2019
Disclosure of Tax Debt information to ‘credit reporting bureaus’ – Law Council of Australia’s consultation submissionAugust 18, 2019
