The High Court has released transcripts of the appeal by Fortescue Metals Group Limited & Ors as to the constitutional validity of the Minerals Resource Rent Tax. The transcripts for each of the three days of the hearing are HCATrans 41 (6 March 2013), [2013] HCATrans 42 (7 March 2013) and [2013] HCATrans 43 (8 March 2013). [LTN 54, 20/3/13]
The Shadow Treasurer: Mr Hockey introduced the Tax Laws Amendment (Disclosure of MRRT Information) Bill 2013 into the House of Representatives on Mon 18.3.2013, as a Private Member’s Bill. It proposes to amend the confidentiality of taxpayer information provisions in Div 355 of Pt 5 to Sch 1 of the Taxation Administration Act 1953 to provide an…
The Minister for Finance Senator Penny Wong Mon 4.3.2013, announced that the Federal Government would introduce a Not-for-Profit Sector Freedom to Advocate Bill during the next sitting of Parliament. The Bill would ban gag clauses from all Commonwealth contracts. The Minister said it will safeguard the right of the not-for-profit sector to advocate in the…
The Australian Charities and Not-for-profits Commission Regulation 2013 was registered on the Federal Register of Legislative Instruments on Tue 5.3.2013. It specifies certain information that the ACNC Commissioner must include on the ACNC Register. The Register is maintained electronically by the ACNC Commissioner and includes specified information about each registered, and each formerly registered, entity.…
The Assistant Treasurer on Mon 11.3.2013, advised that the Government is in the process of finalising the ACNC financial reporting framework and that “these regulations will be made available soon”. In December 2012, the Government issued for consultation draft regs on a new financial reporting framework for charities registered with the Australian Charities and Not-for-profits Commission (ACNC).…
The ATO on Tue 19.3.2013, released details of its administrative treatment regarding the proposed changes to reform tax concessions provided to not-for-profit organisations. The changes seek to ensure that concessions are targeted only at activities directly furthering an organisation’s purpose. The changes have a general proposed start date of 1 July 2014, and transitional arrangements will apply…
Draft legislation was recently released (in respect of which submissions closed on 8 March 2013) about amending the Tax Agent Services Act 2009 (TASA) to bring entities that give tax advice in the course of advising on one or more financial products within the regulatory regime administered by the Tax Practitioners Board. This was proposed to commence…
The Tax Practitioners Board (TPB) has issued for comment Exposure Draft Proposed TPB Guideline TPB(PG) D04/2013 (Course in Australian taxation law that is approved by the Board for tax (financial product) advisers). The Draft Guideline sets out the preliminary views of the Board in relation to the meaning of “a course in Australian taxation law…
The Commissioner for ACT Revenue has been unsuccessful before the ACT Supreme Court in appealing a matter concerning the dutiable value of what he argued to be “house and land packages” or “off the plan” purchase arrangements under the Duties Act 1999 (ACT). In this case, the taxpayers signed contracts with the intention of obtaining…
The NSW Administrative Decisions Tribunal has affirmed the Commissioner’s decision to group a taxpayer with another company for payroll tax purposes for the tax years ended 30 June 2007 and 30 June 2008. The taxpayer is a manufacturer of giftware products. From 2002, 60% of the shares were held by Mr & Mrs S and the other 40% of…