The AAT has held that a taxpayer had his permanent place of abode outside Australia for the income year ended 30 June 2008 and was therefore a non-resident for tax purposes for that year. The taxpayer, who had migrated to Australia from New Zealand in 1985, had commenced employment with an engineering company in Abu Dhabi in December 2007.…
The AAT has affirmed the objection decision of the Commissioner that a company engaged in activities involving, broadly, solar tubing technology was not entitled to the R & D tax offset under s 73I of the ITAA 1936 in the 2004 income year (where it had originally claimed an offset of $225,000) and in the 2005…
The AAT has dismissed a taxpayer’s appeal against income tax and GST assessments issued following an ATO audit of her florist business. The taxpayer conducted a GST-registered florist business and lodged BASs for the monthly tax periods from 1 July 2007 to 30 June 2008. In her 2008 tax return, she reported “Cost of sales” for the business of…
The AAT has determined that it has the jurisdiction to review an objection decision made by the Commissioner in relation to both amended assessments of primary tax and assessments of penalties issued to husband and wife taxpayers who were beneficiaries of a family trust. This was despite the fact that their objections to the assessments…
At The Tax Institute’s 2013 National Convention in Perth on Fri 15.3.2013, the Assistant Treasurer gave a speech on the Government’s attempts to counter profit shifting and international tax avoidance. He said that, left unchecked, profit shifting and international tax avoidance was “a threat to our sovereign right to tax and to raise the revenue…
The Attorney-General, Mr Dreyfus, on Mon 18.3.2013, announced that the Government would establish a Treasury-led working group to examine the tax treatment of native title payments and how they can better benefit Indigenous communities now and into the future. Mr Dreyfus said the Tax Laws Amendment (2012 Measures No 6) Bill 2012 [scheduled to be…
Treasury has released the March 2013 update of its Forward Work Program – Consultation on Tax (Including Superannuation) Measures. It sets out the timetable for current and proposed consultation on tax and superannuation measures. Measures listed include those dealing with PAYG monthly instalments for large companies, GST refund restrictions, non-cash benefit rules, bad debts and related party…
The Australian Trade Commission says Australia has registered strong interest in an early resumption of Australia-Gulf Cooperation Council Free Trade Agreement talks, according to the Saudi Arabia-Australia Joint Ministerial Commission communiqué. The Commission also said Saudi Arabia has expressed interest in a Double Taxation Agreement between the 2 countries. The communiqué covered other areas, including agriculture.…
The High Court has officially welcomed new Justice Patrick Keane to the bench on Tue 5.3.2013, at a swearing-in ceremony in Canberra. Justice Keane is the 50th appointee to the High Court since Federation and replaces the Honourable Justice John Dyson Heydon AC who retired last week after 10 years of dedicated service to the Court. Justice Keane served as…
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]