The NSW Administrative Decisions Tribunal has affirmed land tax assessments issued to 3 taxpayers in relation to a property (a holiday home) for the 2008 to 2012 land tax years. In 1981, the taxpayers acquired the property. Following completion of a land tax questionnaire in October 2012, the Commissioner issued to the taxpayers land tax assessments in…
The taxpayers have sought special leave to appeal to the High Court from the decision of the Full Court of the SA Supreme Court in National Mutual Life Association & Ors v Comr of State Taxation [2011] SASCFC 106. The Supreme Court had dismissed the appeals of 3 taxpayers (ING Life Ltd, ANZ Life Assurance…
The WA State Administrative Tribunal has made a decision concerning whether 4 exploration licences were “land” within the meaning of the Duties Act 2008 (WA). In 2011, the taxpayer became the holder of a controlling interest in a company (A Co). That company at that time held certain rights in respect of 4 exploration licences…
The Tax and Superannuation Laws Amendment (2013 Measures No 2) Bill 2013 was introduced in the House of Reps on Wed 20.3.2013. It contains the following amendments: Super co-contribution – the Bill would amend the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 to make changes to the superannuation co-contribution ie (i) reduce the…
The Superannuation Legislation Amendment Regulation 2013 (No 1) was registered on Mon 4.3.2013, to implement aspects of the Stronger Super reforms. The amendments to the SIS Regulations and Corporations Regulations 2001 set out the MySuper notification requirements for transfers of accrued default amounts, prohibit self-insurance and restrict the types of insurances that can be offered…
The Superannuation (Financial Assistance Funding) Levy and Collection Amendment Regulation 2013 (No 1) was registered on Mon 18.3.2013 to impose a levy on regulated superannuation funds (other than self-managed super funds) to recoup the amount of financial assistance granted under Pt 23 of the SIS Act in relation to the collapse of Trio Capital Limited.…
The Parliamentary Joint Committee on Corporations and Financial Services on Tue 19.3.2013 released its report into the Superannuation Legislation Amendment (Reform of Self Managed Superannuation Funds Supervisory Levy Arrangements) Bill 2013. The majority of the Committee recommended that the Bill be passed. The Bill, which is currently before the House of Reps, proposes to increase the…
In 2 similar cases, the AAT has upheld the Commissioner’s decision not to exercise his discretion to disregard excess superannuation contributions for a financial year under s 292-465 of the ITAA 1997. In AAT Case [2013] AATA 110, the taxpayer had made 2 personal superannuation contributions totalling $482,136 in the 2008 income year. The taxpayer commenced…
In a decision handed down on Thur 28.3.2013, the AAT has held that excess non-concessional contributions tax assessments issued to a taxpayer should stand. The taxpayer was a member of the Trantino Superannuation Fund. On 26 August 2009, the Fund lodged an amended Member Contributions Statement, stating that in the financial year ended 30 June 2007, the taxpayer had…
The latest version of the Independence guide (Fourth edition, February 2013) for accountants and auditors has been released by the Joint Accounting Bodies. It is available via the websites of CPA Australia, The Institute of Chartered Accountants Australia and The Institute of Public Accountants. The Guide seeks to assist professional accountants in complying with the auditor independence requirements…