Sanderson v CofT – Australian based in Malaysia an Australian tax ‘resident’ and thus assessable on receipts found to be foreign source incomeNovember 26, 2021
ATO draft ‘Legal Professional Privilege ‘Protocol’ for claiming privilege (‘overreach’ or not) – LCA SubmissionNovember 25, 2021
History of the Taxpayers’ Charter – IGTO encourages public to share their views on how the Charter could be improvedNovember 24, 2021
FYYB v CofT – SMSF penalty upheld for breach of borrowing rules – $32k remitted down to $7,500November 24, 2021
CofT v Virgin Australia Regional Airlines Pty Ltd – FBT: airline provided car parking fringe benefits to pilots etc – ‘business premises’ was not where duties performed (in the air)November 23, 2021
Vic – COVID-19 Mandatory Vaccination (Workers) Directions (No 8) – from 26.11.21 work from home unless you’re double vaxxed (or have work relating to courts)November 23, 2021
The ‘counterbalancing offence’ point gets some oxygen in the AFR – in relation to the ATO exerting ‘undue influence’ on lawyers from the point when they initially claim legal professional privilegeNovember 19, 2021
Superannuation updates FY-22 a big year – SGC up to 10%, CC up to $27.5k, NCC up to $110k, TSB up to $1.7m, Covid changes, unlegislated ‘work test’ and SMSF ‘residency’ changesNovember 18, 2021
High Court refuses applications for Special Leave to Appeal – Hill v Zuda Pty Ltd (SMSF death benefit nomination); Mussalli (prepaid rent)November 18, 2021
Airport Handling Services Australia Pty Ltd v CofT – Retrospective amendment to JobKeeper rules denied sovereign entities right to JobKeeper payments from day one – no accrued right to be prejudicedNovember 18, 2021
LIV tells ATO there is a ‘counterbalancing offence’ it could commit – even by finalising its ‘protocol’ for claiming ‘Legal Professional Privilege’ in terms that ‘overreach’ the actual lawNovember 16, 2021
Clough Limited v CofT – payment to cancel employee share rights in takeover not deductible but s40-880 ‘black hole’ write-off allowedNovember 16, 2021
Insurance within super: APRA finalised its revised standard (last of Hayne Royal Commission recommendations)November 14, 2021
Super funds exposure to ‘derivatives’ to be investigated – following reforms to make funds report on their investmentsNovember 14, 2021
Charity sector reform – ACNC Amendment (2021 Measures No 3) Regulations 2021 finalised – new thresholds for ‘small’, ‘medium’ and ‘large’ registered entitiesNovember 14, 2021
DTA with Chile – synthesised text of ‘Agreement’ after working in the Multi-Lateral Instrument (MLI) common form changesNovember 14, 2021
Vac Corporate Pty Ltd v TPB – Tax agent’s registration suspended for 3-months for ‘recklessly’ saying SMSFs were audited (but conduct needlessly described as ‘dishonest’)November 14, 2021
Registered Superannuation Entities (RSEs) – Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021 finalisedNovember 14, 2021
PCG 2017/2 updated – Simplified transfer pricing record-keeping options: 2021-22 interest rates – 1.83%November 14, 2021
NSW payroll tax: E Group Security Pty Ltd v NSW State Revenue – security company not liable to payroll tax where security guards not integrated into its clients’ work forcesNovember 13, 2021
The Buddhist Society of Western Australia Inc v CofT (No 2) – decision to revoke ‘school building fund’ DGR status set aside, under ADJR part of action (failed under Part IVC)November 9, 2021
High Court overturns 3 decisions of new High Court tax judge when he was a Federal Court judgeNovember 9, 2021
The Public Health and Wellbeing (Pandemic Management) Bill 2021 – Dan’s dangerous ‘overreach’ pandemic powers – The Victorian Bar’s submissionsNovember 9, 2021
New Federal Jurisdiction for the Magistrates’ Court of Victoria – following ‘Meringnage’ case denying VCAT federal jurisdiction because it is not a ‘court’ (17.11.21 Webinar)November 9, 2021
Super ‘choice’ of investments sector: APRA information paper reveals underperformance and extension of its ‘Heatmap’ product to this sectorNovember 9, 2021
Southern Global Group Pty Ltd and FCT – Taxpayer fails to prove bank deposits were loans (GST)November 9, 2021
Sibai v CofT – Taxpayer loses appeal on scope of his ‘onus of proof’ – it was not limited to just the amendment amountsNovember 8, 2021
Second Commissioner of ATO appointed – Kirsten Fish (Chief Tax Counsel and acting 2nd Commissioner)November 7, 2021
Multi-Lateral Instrument (MLI): synthesised text of Australia-Denmark Double Tax TreatyNovember 7, 2021
Current employment tax challenges – STP Phase 2, digital everything; FBT, FIFO, ‘otherwise deductible’ test, ‘car parking fringe benefits’; Payroll Tax, ‘relevant contractor’ and ‘wages’ definitionsNovember 7, 2021
British waitress; Addy, wins High Court challenge to discriminatory backpacker tax – a wider viewNovember 7, 2021
Belconnen Lakeview Pty Ltd v Lloyd – No loss caused by misleading representation in relation to GST status on sale of unitNovember 3, 2021
Dezfoolian v CofT – Interest derived overseas assessable – exchange rate questions and forex losses in subsequent yearsNovember 3, 2021
Addy v CofT – High Court rules “backpacker tax” does not apply to UK national who is Australian tax resident – ATO losesNovember 3, 2021
Addy Case – High Court finds for Taxpayer, striking down the higher ‘backpacker tax’ under the UK-Aust DTA requirement not to discriminate based on nationalityNovember 3, 2021
Victorian Pandemic Bill causes major concern and misrepresents consultation with the Victorian Bar (not tax but … )October 27, 2021
