A taxpayer has been unsuccessful before the AAT in seeking a review of a decision made by the Commissioner on 20 September 2013. The taxpayer contended the decision was a reviewable objection decision for the purposes of s 14ZZ of Pt IVC of the TAA and that the Tribunal had the jurisdiction to review the decision. The Commissioner…
The AAT has affirmed the Commissioner’s ruling regarding whether a legal settlement was a taxable supply. The taxpayer was a financial services business established in 2010 by an individual after his termination from another financial planning firm. As part of the individual’s employment contract with his ex-employers, he had agreed to not canvass, solicit, or…
The AAT has allowed some deductions claimed by the taxpayer in relation to a property investment, but refused other deductions. It also affirmed the 50% penalty for recklessness. In 2007, following an audit of the taxpayer, the Commissioner issued amended assessments for years ending 30 June 2003 and 30 June 2004 to increase the taxpayer’s assessable income substantially in…
The Administrative Appeals Tribunal has partially allowed a taxpayer’s objection to an administrative penalty of 75% for “intentional disregard” and held the penalty should be reduced to 50% for “recklessness” for the 2001, 2002 and 2003 income years. The Tribunal heard details of a “controversy” relating to the taxpayer’s employment with a research institution leading…
The AAT has affirmed the Commissioner’s decision to disallow a taxpayer’s objection to a penalty assessment and also held that it did not have jurisdiction to hear the taxpayer’s claim for entitlement to PAYG credits. The taxpayer was the sole director and secretary of a company that was placed into liquidation. He lodged his 2012…
The Federal Court has dismissed an application by a taxpayer 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 to him (by way of instalments) following his termination was assessable as “ordinary income” in his hands. The Court arrived at…
Cayman Island liquidators have lost an appeal before the Full Federal Court, which sought to defeat a Deputy Commissioner of Taxation’s claim to recover a local tax debt from the Australian assets of a Cayman company in liquidation. This was notwithstanding the existence of orders made under the Model Law on Cross-Border Insolvency of the…
Following the decision of the Full Federal Court in FCT v Resource Capital Fund III LP [2014] FCAFC 37 in which the Court unanimously allowed the Commissioner’s appeal and held that the taxpayer, a non-resident limited partnership, was assessable on a capital gain of $58m it made on the sale of shares it held in…
The Government Thur 1.5.2014, released the report of the National Commission of Audit. The Commission was established by the Government as an independent body to review and report on the performance, functions and roles of the Commonwealth government. It ceased on 31 March 2014. The Commission made 86 recommendations – 64 in its Phase 1 Report which…
Treasury on Mon 26.5.2014, released exposure draft legislation which proposes to address a technical issue identified in Australia’s foreign resident CGT regime. Specifically, the exposure draft amendments aim to clarify the definition of permanent establishments located in Australia. The correction is designed to ensure that foreign residents are subject to CGT in relation to CGT assets…