PCG 2016/D17 – ATO compliance approach to exploration expenditure deductions under s8-1 or s40-730 – problem areas identified and role of systems and governance assurances to ATO

On Monday 14 Nov 2016, the ATO released a draft of its Practical Compliance Guideline PCG 2016/D17 dealing with the ATO’s compliance approach to exploration expenditure deductions. Draft Taxation Ruling TR 2015/D4 (Income tax: deductions for mining and petroleum expenditure) provides the ATO’s view in relation to the deductibility under s8-1 and s40-730(1) of the…

ATO’s initiatives in Super – advice of reporting changes with new legislation; sharing data, not auditing; individualized report on 13 benchmarks for 261 large funds – ATO speech to ASFA

ATO Deputy Commissioner Superannuation, James O’Halloran, gave a speech to the ASFA National Superannuation Conference on the Gold Coast on 10 November 2016 where he spoke on the ATO’s perspective on risk and compliance. Some of the points he made included: In relation to the major superannuation reform Bills introduced last week, he said the ATO has already…

Hua Wang Bank Berhad; Bywater Investments & Ors v Commissioner of Taxation – taxpayers resident; foreign income taxed – foreign directors met overseas but ‘rubber stamped’ decisions made in Australia (by Vanda Gould)

On 16 Nov 2016, the High Court unanimously dismissed appeals by four companies (“the appellants”) from a decision of the Full Court of the Federal Court of Australia. The High Court held that the appellants were Australian residents for income tax purposes during the relevant years and were thus liable to tax in Australia on…