The ATO on Wed 12.11.2014, released Decision Impact Statements on the following cases: ATS Pacific Pty Ltd v FCT [2014] FCAFC 33 – In this case, the Full Federal Court unanimously upheld the Commissioner’s argument that a supply made by an Australian inbound tour operator (ITO) to overseas customers was fully subject to GST. The…
The Commissioner has made application for leave to appeal to the Full Federal Court against the decision of Perram J in FCT v Desalination Technology Pty Limited [2014] FCA 1120. The Federal Court dismissed the Commissioner’s appeal and held that the taxpayer had “incurred” the relevant expenditure for the purposes of claiming an R&D tax offset.…
It is understood the Commissioner has filed applications for special leave to appeal to the High Court against the Full Federal Court decision in FCT v Australian Building Systems Pty Ltd (in liq) & Anor [2014] FCAFC 133. The Full Federal Court had confirmed that s 254(1)(d) of the ITAA 1936 does not require a liquidator…
Husband and wife taxpayers have lodged a notice of appeal to the Federal Court against the decision in AAT Case [2014] AATA 725, Re Scanlon and FCT. The AAT had confirmed that ETPs paid to the taxpayers who owned a private healthcare company were not to be taken into account as liabilities for the purpose…
A Full Court of the High Court in Canberra on Tue 4.11.2014 also began hearing the Commissioner of State Revenue’s appeals against the Victorian Court of Appeal decision in Lend Lease Development Pty Ltd & Ors v Comr of State Revenue [2013] VSCA 207. The Court of Appeal had allowed the appeal of the 3…
The further hearing of the Commissioner’s appeal against the Full Federal Court decision in MBI Properties Pty Ltd v FCT [2013] FCAFC 112 began on Tue 4.11.2014 before a Full Court of the High Court in Canberra. It is expected this will be the final day of the appeal. The Full Federal Court had overturned…
The NSW Supreme Court has rejected orders sought by a taxpayer to have a default judgment against him set aside. In essence, the case involved the taxpayer’s dispute with ATO about a default judgment entered against him. At issue was whether the default judgment was inconsistent with a previous decision of the Court, consideration of…
The AAT has held that 2 minor beneficiaries of a trust were not excepted persons and the income that was distributed to them in the 2012 income year was not excepted trust income. The director of a trust settled a workers’ compensation claim in 2010 and received $400,000 under that settlement. He contributed the entire…
The AAT has held that a taxpayer was not a resident of Australia for the years in question, but that he did derive Australian-sourced income. The taxpayer, Robert Agius, is a citizen of Vanuatu. The Tribunal noted that, in 2008, he was arrested in Perth by Australian Federal Police officers attached to Project Wickenby. He…
The AAT has confirmed that a taxpayer who carried on a business of trading in coal and mineral exploration permits was assessable on $2.5m and the value of 40,000,000 shares as ordinary income under s 6-5 of the ITAA 1997 from the sale of mining tenements in the 2010 year. The taxpayer argued among other things,…