CPI: March quarter 2013 indexation factor about 0.4% and 2.5% for year to date (including ‘carbon tax’ effect) [66]

The CPI indexation factor, which is used for FBT purposes concerning remote area benefits (under ss 60 and 60AA of the FBTAA), for the March quarter 2013 increased 0.4 from the December 2012 quarter to 102.4. Inflation for the year to 31 March 2013 was running at 2.5%. The most significant price rises for the quarter were for new dwelling purchases…

NSW land tax: Payne v Chief Comer of State Revenue – primary place of residence exemption allowed to taxpayer who lived in garage on land [63]

The NSW Administrative Decisions Tribunal has held that a taxpayer was entitled to the principal place of residence (PPR) land tax exemption in respect of a property for the 2006 to 2009 land tax years. At all relevant times, the taxpayer lived on the property in a purpose-built garage. Whilst living there, taxpayer oversaw the…

NSW land tax: De Marco & Anor v Chief Comr of State Revenue – lawful use not required for PPR exemption, but matter remitted to ADT re ‘residential land’ [62]

The NSW Court of Appeal has by majority allowed the appeal of 2 taxpayers in relation to whether they were entitled to the principal place of residence (PPR) land tax exemption for the 2004 to 2008 land tax years. The taxpayers owned the subject land. Before December 2002, and for a continuous period of at least 6…

*Tax relief for super fund members transferred mandatorily to another fund under the MySuper refoms: draft legislation released [45]

The Government on Mon 22.4.2013, released for comment draft legislation to implement its April 2012 announcement that it would provide income tax relief to ensure default members of superannuation funds are not adversely affected if their account balances are mandatorily transferred to another fund as a result of the MySuper reforms. The ITAA 1997 would be amended…

MySuper and governance measures – draft regulations released [46]

The Government on Tue 30.4.2013, released Exposure Draft – Superannuation Legislation Amendment (MySuper Measures) Regulation 2013 proposing to implement the remaining MySuper and governance measures as part of the Government’s Stronger Super reforms. The draft regulations will prescribe the details to support the measures contained in the 4 tranches of MySuper and governance legislation. Note…

FCT v Boyn – DIS on Federal Court’s decision that deductions and prior year losses didn’t have to be allocated in the Taxpayer’s favour [47]

The ATO today [Mon 29.4.2013] issued a Decision Impact Statement on the decision of the Federal Court in FCT v Boyn [2013] FCA 232. In that case, the Federal Court allowed the Commissioner’s appeal and ruled that the Commissioner was not required to allocate deductions and prior year losses in the manner most favourable to…

*Statutory definition of ‘charity’ for all Federal legislation: draft legislation released [53]

The Government on Mon 8.4.2013, issued for comment exposure draft legislation and explanatory material proposing to introduce a statutory definition of charity and charitable purpose for the purposes of all Commonwealth legislation as announced in the 2011 Federal Budget. The Government has also released a factsheet summarising the key issues. According to the Government, the…