Daily Archives: March 1, 2017

*Re General Aviation Maintenance Pty Ltd and FCT SGC: tandem master parachutist was an employee as his services were integral, controlled by the employer and they supplied the equipment [Su11]

The AAT has affirmed that a business was liable to the super guarantee charge (SGC) as the work provided by a tandem master parachutist it paid was in the capacity of an employee under s 12 of the SGAA. The taxpayer operated a business of providing tandem parachuting services. The business paid, among others, tandem…

*FCT v Interhealth Energies Pty Ltd as Trustee of the Interhealth Superannuation Fund – SMSF: undertaking to pay benefit in full breached enforcement order made [Su10]

The Federal Court has found a corporate trustee of an SMSF had breached an enforceable undertaking under the SIS Act and ordered it to pay amounts it found owing to a fund member. The matter concerned a corporate trustee of an SMSF and an undertaking it took with the Commissioner under s 262A of the…

*Re Strasser and FCT – Excess contributions tax: ATO letter not misleading [Su9]

The AAT has affirmed that a taxpayer was liable for excess contributions tax in relation to the 2010 income year for contributions made exceeding the concessional contributions cap. For the 2010 income year, contributions totalling $52,659.98 was made into the taxpayer’s super fund by his employer, as a part of a salary sacrifice arrangement. For…

*Re Schuurmans-Stekhoven and FCT – no special circumstances for discretion to reallocate super amounts to another year [Su8]

The AAT has denied a taxpayer’s request for the Commissioner to exercise his discretion to reallocate super contributions to another year under s 292-465(3) of the ITAA 1997 as it was not satisfied there were “special circumstances” to enliven the discretion. The taxpayer had exceeded the super contributions cap for the 2008 income year and…

*Re Montgomery Wools Pty Ltd and FCT – SMSF non-compliance notice upheld for loans via related unit trust [Su7]

The AAT has held that a non-compliance notice should be issued to a self-managed superannuation fund (SMSF) for regulatory breaches in respect of “book entry” loans made via a related party unit trust. The taxpayer is the corporate trustee of an SMSF and also acts as the trustee of a discretionary trading trust operating a…

*New superannuation trustee duties and prudential standards: Bill introduced [Su6]

The Superannuation Legislation Amendment (Trustee Obligations and Prudential Standards) Bill 2012 was introduced in the House of Reps on Thursday 16.2.2012. It contains the 2nd tranche of legislation for the Government’s Stronger Super (MySuper and governance) reforms. While the Bill is largely unchanged from the draft legislation released on 12 December 2011, it has been…

*Tax Office disclosure of superannuation information – draft legislation released [Su5]

The Government on Tue 14.2.2012, released Exposure Draft – Superannuation Legislation Amendment (Stronger Super and Other Measures) Bill 2012 proposing to permit the Tax Office to disclose an individual’s superannuation details. The Draft Bill will amend s 355-65 in Sch 1 to the TAA to permit the Tax Office to disclose details of an individual’s…

*Pay slip reporting of superannuation contributions – draft legislation released [Su4]

The Government on Tue 14.2.2012, released Exposure Draft – Superannuation Legislation Amendment (Stronger Super and Other Measures Bill) (No 2) Bill 2012 proposing to require employers to report on pay slips information about superannuation contributions they have made (or will make) for the benefit of their employees. The Draft Bill proposes to enlarge the object…

*Super borrowing arrangements to be financial products: draft regs released [Su3]

The Government on Mon 13.2.2012, released Exposure Draft – Corporations Amendment Regulations 2012 proposing to make limited recourse borrowing arrangements (LRBAs) “financial products” under the Corporations Act 2001 when entered into by superannuation funds. As such, a person dealing in (providing advice on and issuing) an LRBA will be required to have an Australian Financial…

*Super pension drawdown relief for 2012-13: SIS Regs amended [Su2]

The Superannuation Industry (Supervision) Amendment Regulations 2012 (No 1) were registered on Mon 13.2.2012, to give effect to the Government’s announcement to extend to the 2012-13 year the current draw-down relief for account-based, allocated and market linked pensions. The Regulations provide that the minimum payment amounts for account-based pensions and annuities for the 2011-12 and…