Yearly Archives: 2016

PS LA 2016/1 – Transfer pricing adjustments with potential customs implications – adjustments to be allocated to particular goods

The ATO released PS LA 2016/1 on Thur 14.4.2016. It applies from that date and provides guidance to ATO staff when they are proposing transfer pricing adjustments, under Subdiv 815B of the ITAA 1997, involving imported purchases with potential customs implications. The adjustments may have been made in an audit, a settlement, where the entity has objected to an amended…

European Commission announces proposal to require large multi-nationals to publish CbC profit, tax, turnover, number of employees and nature of activities

On 12.4.16 the European Commission announced a proposal to build on the Commission’s work to tackle corporate tax avoidance in Europe, estimated to cost EU countries EUR 50-70 billion a year in lost tax revenues. Supplementing other proposals to introduce sharing of information between tax authorities, it would require multinationals operating in the EU with global…

ATO shares ‘Panama Papers’ with Austrac to better investigate the information and persons of interest

AUSTRAC is an active member of the Serious Financial Crime Taskforce (SFCT), providing actionable financial intelligence and data sharing as well as specialist analytical and intelligence support. The Australian Taxation Office (ATO), as part of the partnership approach embodied by the SFCT, has shared data that they received relating to the ‘Panama Papers’ with AUSTRAC.…

CR 2016/21 & 22 – Flinders University Early Retirement Schemes & PR 2016/3 – Indian Sandalwood Project

On 13.4.2016, the ATO issued: CR 2016/21 – relating to the The Flinders University Academic Staff Early Retirement Scheme 2016 is an early retirement scheme for the purposes of section 83-180 (para 30) of the Income Tax Assessment Act 1997 (‘ITAA97‘); and CR 2016/22 – relating to the Flinders University Professional Staff Early Retirement Scheme 2016 is…

TD 2016/6 – s25-90 deductions available for obtaining a 10% stake in a foreign company but not if acquired through a foreign branch (where income is NANE under s23AH)

The ATO released TD 2016/6 on 13.4.2016 – ruling that interest costs incurred by an Australian resident company, in acquiring foreign source dividend income, through a foreign branch, is not deductible under s25-90 of the Income Tax Assessment Act 1997 (‘ITAA97‘). Section 25-90 allows deductions for losses and outgoings that would not, otherwise, be not…

WA landholder duty: Alacer Gold Corp and Hill 51 Pty Ltd and Comr of State Revenue – valuation of mining tenements, reassessment ordered

The WA State Administrative Tribunal has ordered a reassessment of duty on mining tenements based on a dutiable value of $1.14bn. On 8 September 2010, the boards of Avoca Resources Limited and Anatolia Minerals Development Limited announced that they had agreed to enter into a scheme of arrangement under which Anatolia would acquire all of the shares…

Re Homeowner 1 & Anor and FCT – private ruling about one section (s118-145) couldn’t be reviewed as applying to another section (118-135) once the taxpayer thought it more relevant

The AAT has held that it lacked the jurisdiction to review a private ruling as the ruling dealt with a different decision to that sought by the taxpayers. In a private ruling application, the taxpayers had sought from the Commissioner that he “confirm taxpayer is within the limits to claim 6 year exemption rule in…

Re Zeqaj and FCT – taxpayer failed to show the source of funds for fund purchases of properties and did not discharge his onus to show that the amended assessments were excessive

The AAT has held that a taxpayer had failed the onus of proving that assessments were excessive. The Commissioner audited the taxpayer for the 2006 and 2008-2011 years and determined tax shortfalls of $1.5m, including penalties and interest. Amended s 167 assessments and shortfall penalty assessments were issued. During the audit, the Commissioner formed the opinion…

FCT v 4 Doonan Street Collinsville Pty Ltd (in Liq) – test case on Commissioner’s power to set off tax debts owed against tax credits (under the RBA system) for companies in liquidation

In a test case decision handed down on Mon 11.4.2016, concerning a company in liquidation, the NSW Court of Appeal has allowed the Commissioner’s appeal and held that the primary judge had erred in concluding that 4 debits made by the Commissioner were not authorised by Running Balance Accounts (RBA) regime under the TAA. However, the…

‘Panama Papers’ prompt call for further measures – German finance minister calls for world networking of company registers and for havens to join the global sharing of tax information starting in 2017

German Finance Minister Wolfgang Schaeuble gave details of a plan on Sunday (11.4.16) to combat tax havens including creating an international network of registers that list the actual owners of companies. A huge leak of documents from the Panama-based law firm Mossack Fonseca has shown how offshore firms are used to stash the wealth of…