The ATO on Thur 5.6.2014, issued a Decision Impact Statement on the decision in AAT Case [2014] AATA 205, Re Dominic B Fishing Pty Ltd and FCT. In that case, the AAT held that fishing crew members on a commercial fishing vessel operated by the taxpayer, were not “employees”, at common law, or under the…
It is understood that one of the parties (the husband) has applied for special leave to appeal to the High Court against the decision of the Full Court of the Family Court in FCT v Darling [2014] FamCAFC 59. The Full Court of the Family Court had ruled that the Court at first instance wrongly…
The taxpayer has lodged an application for special leave to appeal to the High Court against the Full Federal Court decision in FCT v Resource Capital Fund III LP [2014] FCAFC 37. In that case, the Full Court unanimously allowed the Commissioner’s appeal and held that the taxpayer, a non-resident limited partnership, was assessable on…
The taxpayer has appealed to the Federal Court against the decision in AAT Case [2014] AATA 316, Re Qantas Airways Ltd and FCT. In that case, the AAT held that car parking facilities provided by the taxpayer to its employees in certain locations were subject to FBT for the 2007 to 2010 FBT years. [LTN…
The taxpayer has appealed to the Full Federal Court against the decision of Edmonds J in Blank v FCT (No 2) [2014] FCA 517. The Federal Court had dismissed the taxpayer’s application to re-open his case after the Court at first instance in Blank v FCT [2014] FCA 87 held that a payment of USid=”mce_marker”60m made…
The taxpayer has discontinued its appeal to the Full Federal Court against the decision of Robertson J in Australian Pipeline Limited as Responsible Entity for the Australian Pipeline Trust v FCT [2013] FCA 1372. The Federal Court had dismissed the taxpayer’s appeal from an adverse private ruling concerning the issue of whether the conditions for the…
The AAT has confirmed that a taxpayer, an automotive repair company, was not entitled a deductions for a contribution paid to an off-shore “employee welfare fund” in the 1998 income year nor to a deduction for the resultant carried forward loss and another contribution in the 1999 income year. However, the AAT found that while…
The AAT has found that it has jurisdiction to entertain a review of an objection decision that affirmed assessments of net GST amounts and net fuel credit amounts owed by a taxpayer. Monthly BASs were lodged in the name of the taxpayer’s business for the July 2010 and August 2010 periods. Both BASs resulted in refunds, $9,695 for July 2010, and…
The AAT has confirmed that a taxpayer, a professional sales commission agent, was not entitled to various work-related deductions and personal investment deductions on the basis he had not discharged the onus of proof in regard to the items in dispute, except in relation to certain minor items. The taxpayer during the relevant year was…
The AAT has affirmed that husband and wife beneficiaries of a family trust were each assessable on 50% of the income from a family trust that had been distributed to an “interposed” trust beneficiary on the basis that the arrangement was a profit washing scheme. The husband and wife taxpayers were beneficiaries of the Mack…