Re GSLL & Ors and FCT – 75% administrative penalties affirmed for failing to lodge FBT returns – failing to remit did not produce an unjust result

The AAT has confirmed that 3 companies, that were in effect owned and controlled by one director, were liable to FBT and 75% administrative penalties over a 4-year period for failing to lodge FBT returns in relation to several luxury cars. The penalties amounted to over $250,000. The resulted in an overall liability of over…

OECD tax statistics – various taxes as a percentage of GDP and of other taxes, together with their growth or contraction

The 2016 edition of the OECD’s annual Revenue Statistics publication shows that the OECD average tax-to-GDP ratio rose slightly in 2015, to 34.3%, compared to 34.2% in 2014. This is the highest level since the Revenue Statistics series began in 1965. An increase in tax-to-GDP levels was seen in 25 of the 32 OECD countries that provided preliminary data…

Treasury Laws Amendment (2016 Measures No. 1) Bill 2016 introduced – amend Corporations Act so ‘start up’ employee share scheme ‘prospectus’ doesn’t have to be made public and amend ITAA97 for 6 new DGR’s

This Bill was introduced into Parliament on 1 December 2016 and amends (amongst other things): The Corporations Act 2001 to provide that employee share scheme disclosure documents lodged with the Australian Securities and Investments Commission are not made publicly available for certain start-up companies; and The Income Tax Assessment Act 1997 to update the list…

Diverted Profits Tax draft – $1b global, $25m local turnover taxpayers; 40% tax (30% franking) on profits diverted to sub-24% zone, if insufficient economic substance; pay 21 days; 12 month review; appeal limited to disclosed documents

On 29 November 2016, the Government released draft legislation for comment to implement its proposed Diverted Profits Tax (DPT), which was announced in the 2016-17 Federal Budget. It proposes to enable the Commissioner to impose a penalty tax rate of 40% on profits diverted in breach of the rules – that is: on profits that…