Weeks v FCT – High Court refuses special leave to appeal from decision that termination payment was not a ‘genuine redundancy payment’ [23]

The High Court has refused applications by the taxpayer for special leave to appeal against the decisions of the Full Federal Court in Weeks v FCT [2013] FCAFC 2 and Weeks v FCT and Commonwealth of Australia [2013] FCAFC 78. In the first case, the Court had confirmed that a termination payment made to the…

*Agius v The Queen – Wickenby: High Court dismisses taxpayer’s appeal against conviction against second charge [20]

A full court of the High Court on Wed 5.6.2013, unanimously dismissed the appeallant’s appeal against his conviction in the NSW Supreme Court for conspiring to dishonestly cause a loss to the Commonwealth, contrary to s 135.4(5) of the Criminal Code (Cth). The appeallant was charged with 2 counts of conspiracy, both of which arose out…

Government to review regulatory arrangements of employee share schemes for start-ups [17]

The Government announced on Wed 12.6.2013, that it will undertake [amongst other things] a review into employee share schemes (ESS) to help address the barriers faced by start-up companies in attracting and retaining staff. The ESS review will consider what measures could help address the barriers faced by start-up companies, such as: developing guidance to…

*‘Tax and Transfer Policy Institute’ launched and ATO will double the amount of ‘de-identified’ tax return data in the public domain available for research [13]

The new Tax and Transfer Policy Institute was launched on Thur 27.6.2013, at the Australian National University’s Crawford School. The Institute was established through a $3m grant from the Federal Government to encourage a better understanding of Australia’s tax and transfer systems. It will work collaboratively and inclusively with other institutions and think tanks, and…

Reardon & Anor v DCT – High Court refuses directors leave to appeal against summary judgment given under DPN notice provisions [22]

The High Court has dismissed the taxpayers’ applications for special leave to appeal against the decision of the Qld Court of Appeal in Reardon & Anor v DCT [2013] QCA 46. The Court of Appeal had by majority upheld the decision of the court at first instance to grant summary judgment against 2 directors for…

*Preventing dividend washing – specific integrity rule: Assistant Treasurer [19]

The Assistant Treasurer says the Government will prevent dividend washing by inserting a specific integrity rule in the tax law. Mr Bradbury said that in developing the approach, the Government had worked with the business community, in particular with the Australian Financial Markets Association, the Australian Custodial Services Association, the Financial Services Council and the…

*Requirement to lodge 2013 annual tax returns – determinations made [8]

Legislative Instruments have been registered requiring: Lodgment of returns for year ended 30 June 2013 in accordance with Income Tax Assessment Acts, Taxation Administration Act 1953, Superannuation Industry (Supervision) Act 1993, and the Income Tax (Transitional Provisions) Act 1997. Lodgment of income tax returns for year ended 30 June 2013 in accordance with ITAA 1936, Taxation Administration Act 1953…