ATO kicks back on Centrelink’s ‘robodebt’ practice of collecting these purported debts from welfare recipient’s tax refundsFebruary 9, 2020
Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 passes Parliament with Senate amendment for 5 year review – attacking ‘creditor-defeating dispositions’, collecting GST estimates and withholding GST refundsFebruary 9, 2020
Treasury Laws Amendment (Reuniting More Superannuation) Bill 2020 introduced – Eligible rollover funds to exit super industry by 30 June 2021February 9, 2020
An EU problem of shareholders getting a double refund of underlying tax, from 2006 to 2011, worth the euro equivalent of $A90 billion – the role of morality in legal interpretationFebruary 9, 2020
DCT v Cutili Invest 88 Pty Ltd – interlocutory ‘freezing orders’ over the taxpayer assets, made ‘until further order’, did NOT automatically end on final judgmentFebruary 9, 2020
Coal of Queensland Pty Ltd v Innovation and Science Australia – coal surveys, drilling and analysis were were not ‘core’ R&DFebruary 8, 2020
Income Tax Assessment Amendment (Exploration for Minerals) Regulations 2020 – Exploration credits allocations for 2020-21 increased by $5mFebruary 8, 2020
ACN 154 520 199 Pty Ltd (In Liq) v CofT – GST and scrap gold scheme: $122 in input tax credits disallowedFebruary 1, 2020
Financial Accountability Regime will extend ‘BEAR’ to APRA regulated super trustees (RSE licensees) – Treasury proposal paper released – submissions due 14 February 2020February 1, 2020
ACN 154 520 199 Pty Ltd (In Liq) v CofT – Taxpayer appeals Gold ‘refining’ GST case to the Federal CourtFebruary 1, 2020
Burton v CofT – taxpayer seeks leave to appeal to the High Court on being denied full foreign tax credits for US tax on a capital gainFebruary 1, 2020
CPI: December quarter 2019 index number – a 0.8 increase from the September 2019 quarter and annual increase of 1.8% to December 2019February 1, 2020
‘Genuine Redundancy Payment’ tax concession ruling updated to cover amendments extending eligibility from age 65 to pension ageFebruary 1, 2020
Treasury Laws Amendment (2019 Measures No. 3) Bill 2019 – amendments to engage the SGE penalty uplift provisions when an SGE is a subsidiary member of a consolidated group and doesn’t pay its own taxJanuary 31, 2020
The mess that is Australia’s international tax rules – source, residence, permanent establishment (PE), Double Tax Agreements (DTA), Multi-lateral Instrument (MLI) system, double- Irish sandwiches, digital services taxes (DTS), Multi-national Anti-Avoidance Law (MAAL), Diverted Profits Tax (DPT) and possibly (soon) the OECD’s ‘Phase 1’ new systemJanuary 31, 2020
APRA releases its ‘Policy’ and ‘Supervision’ Priorities documents for 2020 – which include a focus on APRA regulated superannuation fundsJanuary 31, 2020
Commissioner relaxes his own secrecy restrictions, for deceased estates, by use of his ‘remedial power’January 30, 2020
TPB information sheet on ‘Code of Conduct’ Item 9, requirement to take ‘reasonable care’ in ascertaining a client’s state of affairs’ – 2013 Information sheet updated to include 2 new examples covering the ‘black economy’January 26, 2020
Global tax chiefs undertake unprecedented multi-country day of action to tackle international tax evasion – ATO postJanuary 26, 2020
The Government’s 2018 announcement to allow ‘early release’ of superannuation to victims of family and domestic violence? – ‘Victim X’ asks: ‘where the bloody hell is it?’ because she needs it NOWJanuary 25, 2020
ATO notice to tax agents – AUSkey closes in nine weeks (late March 2020) – ‘myGovID’ to be the default ‘log in’ from 25 January 2020 for tax agents login pageJanuary 22, 2020
NGFZ v CofT – AAT largely upholds ATO audit and asset betterment assessments rejecting, amongst other things, claims that amounts received were loansJanuary 22, 2020
DCT v MWB Accountants – ATO fails to recover overpaid GST refunds from the tax agent who lodged incorrect returns then didn’t pass on the refunds to its clientJanuary 20, 2020
Whitt v Clough Projects – Super contributions for offshore gas worker, “in accordance” with the SGC law, were limited to ‘maximum contribution base’ earnings (after which there is no SG charge)January 20, 2020
DGR status proposed for ‘Men’s Sheds’ and ‘Women’s Sheds’ – draft Bill released – Submissions by 14 February 2020January 20, 2020
Recent Federal and State changes to tax and duty on Property assets – both investors and private use – including the controversial abolition of the ‘main residence’ CGT exemption, for non-residents, with the transitional relief due to expire on 30 June 2020January 20, 2020
Melbourne Apartment Project Pty Ltd v CofT – Sale of unit by charity was GST-free under s38-250 – ‘supply of accommodation’ not limited to leases etc.January 18, 2020
CofT v Bosanac (No 5) & DCT v Huang – stays refused on tax debts in two cases – principles for granting stays articulatedJanuary 18, 2020
CofT v Eichmann – Land used for business sheds, materials and vehicles (somehow) not an ‘active asset’ – decision in favour of taxpayer overturnedJanuary 17, 2020
Skourmallas v CofT – GST – motor vehicle dealer allowed claim for input tax credits but warned his victory could be ‘pyrrhic’January 17, 2020
Miley v CofT – Div 152 ‘market value’ test failed because ‘sale price’ not allocated to the restrictive covenants (they enhanced the value of the shares sold)January 11, 2020
Diarra V CofT – 25% of ‘shortfall’ penalty assessments for lack of ‘reasonable care’ affirmedJanuary 11, 2020
Wing v CofT – Company’s Small Business CGT exemption couldn’t save shareholder from Division 7A tax on deemed divided and shortfall penalty affirmedJanuary 11, 2020
The Trustee for the Whitby Trust v CofT – Section 99A assessments upheld despite beneficiaries being presently entitledJanuary 11, 2020
Pike v CofT – Zimbabwe emigrant to Australia left family here but left overseas to work – not taxable here under DTAJanuary 11, 2020
Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures) Bill 2019 is now law – including the controversial measures denying ‘main residence’ CGT relief to ‘non-residents’January 6, 2020
GSTD 2019/D1 – GST and land development expenses in the ACT – what is part of the consideration for the grant of the Crown lease and what is notJanuary 6, 2020
PCG 2018/9 – update to ATO’s guidance for foreign-incorporated companies seeking to be no-resident: compliance deadline for transitioning CM&C out of Australia has been extended from 2019 to 30.6.21January 6, 2020
