In a lengthy decision, the NSW District Court has upheld a director’s penalty notice (DPN) for $369,904.86. The taxpayer worked for a family freight and logistics business. The defendant claimed his role in this business was only to oversee the maintenance of the fleet of trucks and to supervise the mechanics working at a workshop,…
The AAT has decided to replace the Tax Practitioners Board’s decision to terminate an applicant’s tax agent registration with a caution accompanied with specific sanctions after taking into account the applicant’s history of personal and mental health problems. In October 2014, the Board found the applicant had failed to comply with 3 sub-sections of the Code of…
On Monday 4.7.2016, the Full Federal Court, by majority, dismissed husband and wife taxpayers’ appeal from the October 2015 decision of Griffiths J in Millar v FCT [2015] FCA 1104 in a case concerning a property loan arrangement with a Samoan bank being a sham. The original AAT proceeding (Re Morrison and FCT [2015] AATA 114) was a review of a…
The AAT has affirmed the Commissioner’s income tax and associated penalty decisions imposed on a taxpayer. However, it also decided to vary the GST and associated penalty decisions to reflect a reduced GST liability as conceded by the Commissioner before the hearing. The taxpayer operated a milk bar and contended it also operated a homestay…
A taxpayer has been unsuccessful before the Federal Court in appealing against the decision in Re Shord and FCT [2015] AATA 355. In that case, the AAT had affirmed the Commissioner’s objection decisions and found: that the taxpayer was a resident of Australia for the 2006 to 2011 income years, despite the taxpayer’s claim that he…
T a x T e c h n i c a l – M o n t h l y N e w s – July 2016 Developments – This is a collection of developments in Australian tax law and practice that occurred in July 2016 which aims to be relevant to tax practitioners.[i] Compiled By…
T a x T e c h n i c a l – M o n t h l y N e w s – June 2016 Developments – This is a collection of developments in Australian tax law and practice that occurred in June 2016 which aims to be relevant to tax practitioners.[i] Compiled By F John…
On Friday 1.7.2016, the Commissioner issued TD 2016/13 setting out 2016/17 reasonable amounts for the following: overtime meal allowance expenses: $29.40; domestic travel allowance expenses: accommodation at daily rates (for domestic travel only); meals (showing breakfast, lunch and dinner); and deductible expenses incidental to travel. travel allowance expenses for employee truck drivers: for food and drink…
On Thursday 26.5.2016, the NSW Civil and Administrative Tribunal affirmed the Commissioner’s decision not to de-group the taxpayer under s79 of the Payroll Tax Act 2007 (NSW). The taxpayer accepted it was properly grouped with 2 other entities for the period from 19 December 2011 to 31 August 2014. However, the taxpayer argued that it carried on different and independent businesses…
The Tax Practitioners Board has issued the following Draft Information Sheets: Having adequate arrangements for managing conflicts of interest for tax (financial) advisers – Exposure draft of TPB Information Sheet on Item 5 of the Code of Professional Conduct: TPB(i) D35/2016. Code Item 5 requires registered tax (financial) advisers (and tax and BAS agents) to have adequate arrangements…