*Re Andrew Garrett in his capacity as an Authorised Officer of various trusts – no standing as holder of trustee’s power of attorney – breach of Corps Act [41]

The AAT has held that an individual was not a person who was entitled to apply for review of reviewable objection decisions made by the Commissioner. The Tribunal also refused the individual’s request to extend the time within which to lodge an application for review of the objection decisions. The individual, in his own name…

Federal Taxation Statistics 2012-13 [39]

The ATO on Wed 29.4.2015 released Taxation Statistics 2012-13 which present an overview of 2013 income tax returns for individuals, companies, superannuation funds, partnerships and trusts. The statistics also cover other aspects of the taxation system such as GST, FBT and excise, along with the superannuation system, in relation to the 2013-14 financial year. Highlights from…

Choose reporting options for PAYGi and GSTi – election of method must be made in the first quarter [38]

PAYG Instalments – Your clients can generally choose between two options for reporting and paying their pay as you go (PAYG) instalment obligations for the income year. They can either: pay the pre-printed instalment amount, or calculate their PAYG instalment using the rate option. In Quarter 1, if an activity statement due date has passed…

Wealthy individuals and their private groups: ATO starts “tax assurance talks” [35]

The ATO has released details of its approach to wealthy individuals and their private groups. The ATO says it was taking a “prevention-before-correction approach and ramping up face-to-face engagement with key taxpayers”. Acting Second Commissioner Michael Cranston said most wealthy individuals and their private groups do the right thing; however, some choose to avoid tax,…

*TA 2015/1 : Private company dividends diverted to SMSF – concerns that it might be dividend stripping or ‘non-arm’s length income in the fund [34]

Overview – This Taxpayer Alert describes arrangements where a private company with accumulated profits channels franked dividends to a self-managed superannuation fund (SMSF) instead of to the company’s original shareholders. As a result, the original shareholders escape tax on the dividends and the original shareholders or individuals associated with the original shareholders benefit as members…

ATO ID 2015/9 – No SGC on attributed personal services income (it’s not actual salary and wages) [33]

The ATO, on Fri 17.4.2015, issued ATO ID 2015/9 (Superannuation Guarantee Scheme: attributed personal services income). The ID deals with the following question: Does attributed personal services income attract superannuation guarantee (SG) obligations on the part of the relevant personal services entity? The ID says no, except for actual salary or wages that are paid…