Tax Practitioners Board v Dedic – Court orders injunctive relief against unregistered tax agent [55]

The Tax Practitioners Board has been successful before the Federal Court in seeking declaratory and injunctive relief against an individual for alleged contraventions of s 50-5(1) of the Tax Agent Services Act 2009. The Board alleged the individual, who had never been registered as a tax agent, had contravened s 50-5(1) on 86 separate occasions between July 2010 and October 2012…

New IGT work program announced [54]

The Inspector-General of Taxation (IGT), Mr Ali Noroozi, on 10.4.2014, announced his new work program for improving tax administration in Australia. The new IGT work program consists of the following reviews: Review into the ATO Taxpayers’ Charter and taxpayer protections. Review into the ATO’s approach to debt collection. Review into the ATO’s services and support…

Most charity info statements completed on time: ACNC [51]

The Australian Charities and Not-for-profits Commission (ACNC) says thousands of charities have shared valuable information about their work by submitting their first ever information statement to the Commission. More than 25,000 of the estimated 30,000 charities with a 31 March deadline completed their Annual Information Statement on time.  This involved a series of questions about the core…

*TD 2014/7 – Segregation of superannuation fund bank accounts now possible (ATO’s changed its view) [50]

This Determination, released on Wed 9.4.2014, sets out the circumstances in which a bank account of a complying superannuation fund is a “segregated current pension asset” under s 295-385 of the ITAA 1997. The application of the definition to a bank account is a key requirement for a self-managed superannuation fund (SMSF) to qualify for a…

*Re Dominic B Fishing Pty Ltd and FCT – Super guarantee: Fishing crew members not “employees” as engaged in joint venture [48]

The AAT has held that fishing crew members on a commercial fishing vessel operated by the taxpayer were not “employees” at common law or under the extended meaning of that term in s 12(3) of the Superannuation Guarantee (Administration) Act 1992 (SGAA). As such, the taxpayer company was not required to make superannuation contributions in respect…

*GSTR 2014/D1 – GST: Commissioner’s views on motor vehicle incentive payments after AP Group Ltd case [47]

This Draft GST Ruling, issued on Wed 23.4.2014, explains the Commissioner’s view on the GST consequences of incentive payments made by motor vehicle manufacturers, importers and distributors to motor vehicle dealers. The Draft seeks to provide practical guidance to the motor vehicle industry following the decision of the Full Federal Court in AP Group Ltd…