Daily Archives: November 4, 2016

Tasmanian taxes: Taxation and Related Legislation (Miscellaneous Amendments) Bill 2016 – harmonise payroll tax for owner-drivers; duty of vesting of dutiable property and tax free land tax threshold for sporting clubs etc.

The Taxation and Related Legislation (Miscellaneous Amendments) Bill 2016 (Tas) has passed all stages without amendment received Royal Assent as Act No 46 of 2016. It amends the following Tasmanian Acts: the Payroll Tax Act 2008; the Duties Act 2001; the Land Tax Act 2000; the First Home Owner Grant Act 2000; and the Taxation…

Re Moriarty and FCT – third application for release unsuccessful – $440k in liabilities over 7 years, hardship likely but discretion to release not excercised – excessive expenditure, other borrowings, 7 years all lodged late

A taxpayer has been unsuccessful before the AAT in seeking to be released from his tax debts under s340-5 of Sch 1 to the TAA. The chronology of returns and three hardship applications is as follows [taken from paras 7 – 13 of the AAT’s reasons]. In November 2006 Mr Moriarty applied for, and was released…

Re Three Wickets Pty Ltd v Tax Practitioners Board – individual’s and corporate agent’s registration terminated for breach of the ‘fit and proper person test’ triggered by his own failure to lodge ($500k liabilities)

The AAT has affirmed the Tax Practitioners Board decision to terminate a tax agent’s registration and the registration of a company. The Board did so under s 40-15(1)(b) of the Tax Agent Services Act 2009 (TASA) on the basis that the company had ceased to meet the registration requirement in s 20-5(3)(a) of the Act that each…

New Australia-Germany DTA – Bill to give it force of law, in Australia, passed both houses and received Royal Assent as Act No. 64 of 2016

On 13.10.16, the International Tax Agreements Amendment Bill 2016 passed all stages of Parliament and received Royal Assent on 20.10.16 as Act No. 64 of 2016. The Bill amends the International Tax Agreements Act 1953 to give legislative effect to the Agreement between Australia and the Federal Republic of Germany for the Elimination of Double…