*Super fund mergers and the proportioning rule: Draft legislation released [42]

The Government on Tue 23.9.2014, released draft legislation to clarify that a tax integrity rule would not be triggered when superannuation benefits are rolled over to another fund as part of a merger between funds. The draft legislation proposes to amend the ITAA 1997 to ensure that individuals whose superannuation benefits are involuntarily transferred from…

*CGT exemption to trustees for compensation and insurance: Draft legislation released [41]

The Government Tue 23.9.2014 released draft legislation to give effect to minor amendments to the operation of the CGT provisions in the ITAA 1997. In particular, the proposed changes seek to ensure a CGT exemption is available to trustees and beneficiaries who receive compensation or damages for certain insurance policies. It is intended that trustees…

*GSTR 2014/D4 – GST: meaning of “passed on” and “reimbursed” for the purposes of the new ‘anti-refund’ provision: s142-10 [40]

This Draft GST Ruling, issued on Wed 24.9.2014, explains the Commissioner’s view on the meaning of the terms “passed on” and “reimburse” for the purposes of determining whether s 142-10 of the GST Act applies to an amount of excess GST. It says generally, Div 142 operates so that an entity would not be entitled to a…

*Re The Trustee of Oenoviva (Australia & New Zealand) Plant and Equipment Trust and FCT – GST input tax credits: no standing to act on behalf of another entity [38]

An individual has been unsuccessful before the AAT in seeking to have standing and authority to act on behalf of another entity (the taxpayer). The matter related to the Commissioner’s refusal to allow a claim made by the taxpayer as trustee of a trust for input tax credits for creditable acquisitions of $3.15m for the…

*Re North Sydney Developments Pty Ltd v FCT – Sufficient notification of GST refund – ATO reaction [39]

The ATO has issued a Decision Impact Statement on AAT Case [2014] AATA 363, Re North Sydney Developments Pty Ltd and FCT. In this case, the AAT held the taxpayer’s letter of 3 September 2009, to the Commissioner, satisfied the “notification” requirement in s 105-55 of Sch 1 to the TAA, thereby extending the 4-year time limit in that…

*GST on imported goods: no agreement on lowering $1,000 threshold [37]

In March 2014, the Commonwealth agreed to a request from the States collectively to further explore options around lowering the value at which GST is applied to the importation of goods into Australia. Currently, the threshold is id=”mce_marker”,000. On 19 September 2014, ahead of the G20 meeting in Cairns, the Treasurer met with State and Territory Treasurers. He said…

New task force, including ATO, to target outlaw motorcycle gangs [36]

The Australian Crime Commission (ACC) has announced that Australia’s outlaw motorcycle gangs will be put under the microscope of a new multi-agency task force targeting the highest risk groups and their members. The national task force, named Operation Morpheus, has been created by the Serious and Organised Crime Coordination Committee (SOCCC) to continue and expand…

*Australia’s laws are robust re aggressive international tax planning: Treasurer [33]

In the House of Reps on Thur 4.9.2014, the Treasurer made a ministerial statement on G20-OECD tax and transparency. In relation to multinational businesses that have set up sophisticated arrangements to avoid Australian tax, Mr Hockey said this was “patently unfair – unfair on the Australian taxpayer and unfair on local businesses that are doing…