The Tax Laws Amendment (Investment Manager Regime) Bill 2012 has now passed all stages without amendment and effectively awaits Royal Assent [10]

The Tax Laws Amendment (Investment Manager Regime) Bill 2012 has now passed all stages without amendment and effectively awaits Royal Assent after having been passed by the Senate on Thur 23.8.2012. The Bill contains the first 2 elements of the Government’s Investment Manager Regime. The Bill amends the ITAA 1997 by inserting new Subdiv 842-I…

Charities and NFP Bills introduced [9]

The Australian Charities and Not-for-profits Commission Bill 2012, Australian Charities and Not-for-profits Commission (Consequential and Transitional) Bill 2012 and the Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 were all introduced in the House of Reps on Thur 23.8.2012. The Australian Charities and Not-for-profits Commission Bill 2012 will establish a new independent statutory…

Company loss carry-back: draft legislation released (burdened by same ‘integrity’ measures as loss carry forward) [8]

The Government on Thur 23.8.2012, released for consultation draft legislation and explanatory material to introduce company loss carry-back into the business tax system. The draft legislation has been prepared following consultation on the discussion paper, Improving access to company losses, which closed on 6 August 2012. As part of loss carry-back, the proposal is that,…

Veterans’ Affairs Legislation Amendment Bill 2012 was passed by the House of Reps to exempt certain benefits from tax [7]

The Veterans’ Affairs Legislation Amendment Bill 2012 was passed this on Wed 22.8.2012, by the House of Reps without amendment and now moves to the Senate. Among other things, the Bill proposes to amend the ITAA 1997 to exempt from income tax, reimbursements made under the Repatriation Pharmaceutical Benefits Scheme and the Military Rehabilitation and…

Transfer Pricing Bill now awaits Assent – giving tax treaties retrospective force of domestic law back to 2004 [5]

The Tax Laws Amendment (Cross-Border Transfer Pricing) Bill (No 1) 2012 has now passed all stages without amendment, having been passed by the Senate late on Mon 20.8.2012 and now awaits Royal Assent. The Bill proposes to make retrospective amendments with effect from 1 July 2004 to confirm that transfer pricing rules contained in Australia’s…

MIT’s that invest in energy efficient commercial buildings to get a ‘concessional’ 10% withholding rate: draft legislation released [4]

The Assistant Treasurer on Thur 16.8.2012, released draft legislation on the Government’s proposal to provide managed investment trusts (MITs) that only hold newly constructed energy efficient commercial buildings with a concessional withholding tax rate of 10%. Mr Bradbury indicated that the concession will be available in relation to office buildings that have obtained a 5-Star…

Miscellaneous tax law, mining tax and resource tax changes: draft legislation [3]

Treasury has released for comment draft legislation and an EM which propose to make miscellaneous tax law amendments, including minor amendments to the Minerals Resource Rent Tax (MRRT) and Petroleum Resource Rent Tax (PRRT) legislation. The amendments seek to ensure the law operates as intended by correcting technical or drafting defects, removing anomalies and addressing…

*COAG project to harmonize directors personal liability for their corporation’s crime: third tranche related to tax crimes – some rights to prosecute dropped [2]

The Parliamentary Secretary to the Treasurer, Tue 14.8.2012 released the 3rd tranche of the proposed personal liability for directors draft legislation and explanatory memorandum for public consultation. Broadly, the draft legislation considers amendments to Commonwealth tax legislation concerning personal criminal liability for corporate default including s 444-15 of the TAA, para 252(1)(j) of the ITAA…

*Tax relief for merging super funds: draft legislation released – reinstating Div 310 with modifications – to allow rollover of all gains and losses (not SMSFs) [1]

The Minister for Financial Services and Superannuation on Fri 3.8.2012 released for public consultation draft legislation to provide income tax relief for merging superannuation funds. This measure provides temporary taxation relief in the form of loss relief and CGT and revenue asset roll-over for merging super funds. The draft legislation proposes to amend the ITAA…