Daily Archives: December 10, 2017

Ferozkohei v CofT – Taxpayers fail to prove claim various rental property deductions as relevantly incurred or not incurred at all

In 2 separate AAT decisions, a married couple was unable to prove their claims for various rental property deductions. The couple claimed deductions in the 2013 income year in respect of 6 rental properties in Sydney they owned jointly. Before the AAT, the outstanding issues were deductions for interest ($84,986 each), capital works ($1,874 each)…

Waubra Foundation v ACNC Commissioner – Revocation of charity status for ‘wind noise’ prevention – not for “promotion of the prevention or control as diseases” or “protecting human rights”

In a lengthy case, the AAT has affirmed the Commissioner’s decision to revoke registration of a charity in relation to subtypes 7 (protecting human rights) and subtype 13 (health promotion charity). Under the ACNC Act and Charities Act, the taxpayer was registered as an entity for advancing health (Item 1), entity for promoting or protecting…

GST: Decleah Investments Pty Ltd and Anor as Trustee for the PRS Unit Trust v CofT – property subdivision and margin scheme – 4 valuations failed the ‘approved’ standard and the AAT raised the shortfall penalty from 25% to 50%

The AAT has found a taxpayer company did not provide an approved valuation for the purposes of the GST Act when applying the margin scheme to calculate GST payable on the supply of subdivided lots. The taxpayer and another company are trustees of the PRS Unit Trust. The other company acquired land for subdivision, and…

New Commissioner for the Australian Charities and Not-for-profits Commission (ACNC) – the Hon Dr Gary Johns

On 7 December 2017, the Assistant Minister to the Treasurer: the Hon Michael Sukkar, announced that Hon Dr Gary Johns has been appointed as the full-time Commissioner of the Australian Charities and Not-for-profits Commission (ACNC) for a five-year period.   The ACNC is the national regulator of charities, established by the Australian Charities and Not-for-profits Commission…

Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017 – Model Litigant Obligations Bill referred to Senate committee for report by 8 May 2018

The Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017  was introduced into the Senate, as a private members bill on 15 November 2017 and on 7 December 2017 the Senate referred it to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry and report by 8 May 2018. The Bill, proposes to: amend the Judiciary Act 1903…

Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 introduced – replacing, broadening and enhancing ‘whistleblower’ access and protections

On Thursday 7.12.17, the Government introduced the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 in the Senate. The Bill is designed to create a single whistleblower protection regime in the Corporations Act, to cover the corporate, financial and credit sectors, and create a new whistleblower protection regime in the taxation law, to protect those who expose…