Monthly Archives: February 2017

CR 2014/6 – GST on charges imposed by NSW Councils for administration, animals, approvals/permits, health, impounding and pest control [45]

The ATO on Wed 22.1.2014, released the following Class Rulings: CR 2014/6: The GST treatment of fees and charges imposed by NSW Councils in relation to matters involving administration, animals, approvals/permits, health, impounding and pest control. It applies from 1 July 2013 to all entities, who entered into the scheme as described during the term of the…

*Re Swanbat Pty Ltd v FCT – Commissioner appeals AAT decision that an assessment to recoup a refund of GST more than 4 years ago was excessive [43]

The Commissioner has appealed to the Federal Court against the decision in AAT Case [2013] AATA 891, Re Swanbat Pty Ltd and FCT. The AAT had set aside the Commissioner’s amended assessment in relation to a BAS for the period 1 April 2008 to 30 June 2008 and held that the taxpayer’s net amount for the quarter was zero.…

*Re Harland as Trustee for the PCS Global Discretionary Trust and FCT – No entitlement to ITCs for trustee of discretionary trust; penalty affirmed [42]

The AAT has disallowed a taxpayer’s claims for input tax credits (ITCs) and also affirmed penalties imposed by the ATO. The taxpayer, as trustee of the PCS Global Discretionary Trust (PCS Global Trust), claimed he was entitled to $5.3m in ITCs for the period 1 January 2012 to 31 March 2012. He claimed the ITCs were claimable on purchases…

ATO to data-match payments from local governments [40]

The Commissioner has gazetted a notice announcing that the ATO will acquire details of entities receiving taxable payments from various local government Councils and Shire authorities throughout NSW, Vic, Qld, WA, SA, Tasmania, and the NT. The data-matching program covers the 2011 to 2014 financial years. The data will be electronically matched with certain ATO…

ATO calls on large businesses for paid practical input (with suitable experience) [41]

The ATO has established what it calls a Business and Industry Experts Multi-Use List which will consist of experts interested in providing practical business and industry expertise to help the ATO deliver services in the context of the large business tax compliance functions of the ATO. It has called for applications to join the group.…

TFN application process simplified by partnership with Australia Post (with its 460 retail outlets) [39]

The ATO on Thur 23.1.2014, announced that red tape around Tax File Number (TFN) applications has been removed following a partnership between the ATO and Australia Post. TFN applications are now simpler and easier, as they can now be applied for online at http://www.ato.gov.au/TFNapply and verified at more than 460 Australia Post retail outlets throughout…

SME tax compliance a focus for the ATO [38]

The ATO says that while many businesses have good systems in place, some small businesses occasionally need additional assistance to meet their tax obligations. ATO Deputy Commissioner, Steve Vesperman, said assistance is available on the ATO website, with the new Small Business Assist External Link tool available for all Australian businesses, as well as the…

ATO reminder tax labels (for income of the trust and beneficiary’s share) has moved in 2013 trust tax returns [37]

The ATO on Fri 17.1.2014, reminded taxpayers that a consolidation of trust tax return labels has meant that the labels numbered 64A (income of the trust estate) and 65W (beneficiary’s share of income of the trust estate) in the 2012 trust tax return have been numbered 53A and 54W, respectively, in the 2013 trust tax…

FBT returns: ATO changes due date for tax agents lodging 2014 returns [36]

The ATO has advised that, in consultation with the tax profession, it has changed the lodgment due date for all tax agents lodging 2014 FBT returns electronically, regardless of the number of FBT clients they have. The ATO says agents must be appointed as their FBT clients’ registered tax agent and have them added to…

ATO ID 2013/63 Update – MIT withholding tax obligations [35]

The ATO has issued an update concerning ATO ID 2013/63 (issued in November 2013). The ID concerns circumstances where a trustee of an Australian resident trust makes a foreign resident beneficiary (who is a resident of an information exchange country) entitled to an amount that is reasonably attributable to a fund payment the trust receives from a…