The Federal Court has held that income tax assessments issued to a taxpayer were invalid because the Commissioner had drawn upon information that was subject to legal professional privilege and received by the ATO from a third party without the authorisation of the taxpayer. The Commissioner’s process, which included a tax officer’s wilful disregard of…
The Commissioner has been successful in an appeal to the Federal Court against an AAT decision that an individual taxpayer was not assessable on sales proceeds deposited into his personal bank account. In that decision (reported at 2014 ATC ¶10-364), the AAT was satisfied that the sales proceeds were received in the taxpayer’s capacity as…
The Full Federal Court has unanimously allowed the Commissioner’s appeal from the decision in McGrouther v FCT [2014] FCA 1102. In that case, the Court ruled (as the taxpayers had sought), that the taxpayers could not withdraw a notice they had given the Commissioner under s 14ZYA of the Taxation Administration Act 1953 that triggers the…
The High Court [on Wed 4.3.2015] ruled that the documentation for a timber plantation investment scheme did not support the existence of an express trust in favour of the scheme investors over the proceeds from the sale of the timber and scheme land. In so finding, the High Court unanimously allowed the appeal from the…
The Parliamentary Joint Committee on Corporations and Financial Services’ inquiry into proposals to lift the professional, ethical and education standards in the financial services industry (PJC) presented its recommendations to Government on 19 December 2014. The PJC report outlines a comprehensive model to increase the professional standards of advisers, involving a co-regulatory approach where Government, professional associations,…
The Senate [on Wed 25.3.2015] moved that the Australian grape and wine industry be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 11 November 2015. Among other things, the Inquiry will examine the impact and application of the wine equalisation tax (WET) rebate on the grape and wine industry…
A taxpayer has failed before the AAT to prove that 4 amended assessments were excessive. The taxpayer conducted a fitness business on the Gold Coast. During an audit of the taxpayer’s affairs, the ATO discovered a number of transactions, which, in its view, were not satisfactorily explained and decided that certain sums flowing into the…
A disabled taxpayer has been denied a deduction for his wife’s travel costs where she accompanied him to conferences overseas. The taxpayer needed a carer to assist him in performing a number of daily tasks such as walking, showering, using the toilet and dressing. In the 2013-14 income year, he paid for his wife wife’s…
The Government [on Thur 12.3.2015] released draft legislation to make reforms to the Offshore Banking Unit (OBU) regime. On 6 November 2013, the Government announced that it would proceed with certain reforms to the OBU regime. These reforms would address a number of integrity concerns with the existing regime while ensuring the OBU regime targets mobile financial sector activity.…
The Government [on Thur 12.3.2015] released draft legislation to implement Element 3 of the Investment Manager Regime (IMR) reforms. The IMR reforms remove tax impediments to investing in Australia in order to attract foreign investment to Australia and promote the use of Australian fund managers. These draft amendments would extend the IMR concession to cover investments in…