Monthly Archives: February 2017

*NSW payroll tax: Smith’s Snackfood Company Ltd v Chief Comr of State Revenue – taxpayer wins appeal: contractors not engaged under a ‘relevant contract’ [64]

The NSW Court of Appeal has unanimously allowed a taxpayer’s appeal against an earlier decision, which had ordered that the Commissioner reassess the taxpayer for payroll tax in accordance with its reasons. The taxpayer sold snack foods and drinks through vending machines and engaged independent contractors to store, transport and restock the vending machines. The…

ACT landholder duty: Francey v Comr for ACT Revenue – constructive trust, so no liability on transfer of shares [63]

The ACT Civil and Administrative Tribunal has found that a taxpayer (an individual) was not liable to pay duty on the acquisition of an interest in a landholding entity in the ACT. On 14 December 2007, the taxpayer entered into a Purchase Option Agreement with her brother-in-law for the right to purchase the shares in his company…

*ACT stamp duty: Comr of ACT Revenue v Araghi & Anor – Commissioner loses appeal regarding ‘interdependent house and land contracts’ [62]

The Commissioner for ACT Revenue has been unsuccessful before the ACT Court of Appeal in appealing a matter concerning the dutiable value of what he argued to be “house and land packages” or “off the plan” purchase arrangements under the Duties Act 1999 (ACT). The matter concerned the Commissioner’s assessment of stamp duty on so-called…

*TPB releases guidance on managing conflicts of interest [61]

The Tax Practitioners Board (TPB) on Fri 24.1.2014, released Information Sheet TPB(I) 19/2014 in relation to managing conflicts of interest. A conflict of interest is where a registered agent has a personal interest or has a duty to another person which is in conflict with the duty owed to the client. The information sheet provides…

*Re Mahaffy and the Tax Practitioners Board – Decision not to renew tax agent’s registration stayed [60]

The AAT has ordered that a decision of the Tax Practitioners Board refusing to renew a tax agent’s registration be stayed pending the hearing of the tax agent’s application for a review of that decision. The applicant had operated as a registered tax agent for 26 years and in September 2013, the Board refused to renew his…

Tax Practitioners Board reminds Registered Tax and BAS agents to advise it of their PI insurance details and keep them up-to-date [59]

The Tax Practitioners Board (TPB) has reminded newly registered tax and BAS agents that they must advise the Board of how they meet the Board’s PI insurance requirements within 14 days of receiving notification of their registration. The Board’s view of PI insurance requirements are set out in explanatory paper TPB(EP) 03/2010. The Board also…

Tax Practitioners Board approved courses – qualifications lists updated [58]

The Tax Practitioners Board (TPB) has updated its lists of courses that are Board approved courses in Australian taxation law, commercial law and basic accountancy principles. The qualifications lists also include individual units which have been approved by the Board as meeting part of the requirements of a Board approved course under the mix and match…

*Government (still) looking for an alternative to the ACNC [57]

Minister for Social Services Kevin Andrews has reiterated the Government’s intention to abolish the Australian Charities and Not-for-profit Commission (ACNC). Speaking at an Australian Institute of Company Directors NFP Lunch, he said the Government considers the ACNC “imposes an unnecessary and ponderous compliance burden on the sector”. The Minister said the Government was looking to…

*ACNC releases Interpretation Statement on Indigenous charities [56]

The Australian Charities and Not-for-profits Commission (ACNC) on Fri 24.1.2014, released a Commissioner’s Interpretation Statement on Indigenous charities. The ACNC’s legal team has also prepared a paper, which explains the background and reasoning behind the statement. The purpose of the Interpretation Statement is to provide guidance to ACNC staff on the how charity law applies…

*Charity registration application form updated as Charities Act takes effect [55]

The Australian Charities and Not-for-profits Commission (ACNC) has updated the online application form for registering as a charity to reflect new legislation. Parliament passed the new Charities Act in June 2013 and it came into effect on 1 January 2014. It sets out the meaning of “charity” for all Commonwealth purposes and gives it a statutory definition ie one…