OECD releases Draft Handbook on Transfer Pricing Risk Assessment [126]

The OECD’s Global Forum on Transfer Pricing has released a Draft Handbook on Transfer Pricing Risk Assessment. The OECD says the Draft Handbook is a detailed, practical resource that countries can follow in developing their own risk assessment approaches. The handbook supplements useful materials already available with respect to transfer pricing risk assessment. Individual country…

WA landholder provisions – Comr of State Revenue v Westnet Rail Holdings No 1 Pty Ltd & Anor – Commissioner loses appeal because ‘railway infrastructure rights’ not “land” [120]

The WA Court of Appeal has held that stamp duty was not payable on a transfer of shares between 2 companies involved in the privatisation of the WA rail freight system. The Court dismissed an appeal by the WA Commissioner of State Revenue against an earlier decision, which had held that the WA landholder provisions…

*ACT stamp duty: ‘Off the Plan’ case will be appealed and during the appeal the policy continues of treating them as ‘interdependent’ assessed on land and building values [109]

The ACT Revenue Office has advised that the Commissioner of ACT Revenue will appeal against the ACT Supreme Court’s decision in Comr for ACT Revenue v Araghi and Dorsett [2013] ACTSC 43. The matter concerned the Commissioner’s assessment of stamp duty on so-called “interdependent land and building contracts” based on the land sale contract (Crown…

Re Trevaskis and Tax Practitioners Board – Termination of tax agent’s registration for fraud affirmed [100]

A former tax agent has been unsuccessful in seeking a review of the Tax Practitioners Board’s decision to terminate his registration for 2 years. The tax agent had pleaded guilty and was convicted under s 134.2(1) of the Criminal Code Act 1995 for obtaining “a financial advantage by deception” from obtaining refunds of GST input tax…

*Charitable deposit takers (acting like quasi banks): ASIC has issued a consultation paper proposing to remove their exemption (RG 87) [94]

ASIC on Mon 20.5.2013, issued Consultation Paper 207 Charitable investment fundraisers (CP 207) which proposes reforms for charities that raise investment funds. The proposals do not affect fundraising by charities in the form of donations. ASIC said it has been increasing its focus on organisations which behave like banks and conduct bank-like activities, but which…

WA: Duties Legislation Amendment Bill 2013 introduced to unwind the scheduled abolition of various State taxes [108]

The Duties Legislation Amendment Bill 2013 (WA) was introduced into the WA Legislative Assembly. It proposes amendments to the Duties Act 2008 (WA) and the Duties Legislation Amendment Act 2008 (WA) to unwind the scheduled abolition of transfer duty on non-real business assets such as business licences, goodwill and intellectual property. The WA Government said…