Housing Affordability Bill: superannuation changes to establish (1) First Home Super Saver Scheme; (2) Downsizer extra $300k super contributions from sale of house

On Thur 7.12.2017, the House of Representatives agreed to amendments made by the Senate (that were moved by Senator Leyonhjelm) to the Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No 1) Bill 2017 and the Bill effectively awaits Royal Assent. The other Bill in the package – the First Home Super Saver Tax Bill…

TPB – 2016/17 Annual Report – number of registered tax practitioners tops 80,000 & privacy warning

Message from the Chair I am pleased to present the Tax Practitioners Board Annual Report 2016–17, as tabled in Parliament on 27 October 2017. During this year we assisted a larger population of tax practitioners to comply with the Tax Agent Services Act 2009, promoting high professional and ethical standards that protect consumers of tax agent…

Aquatic Air Pty Ltd v Siewert & Anor – non-tax case disagrees with Commr’s GST assessments (denying Air Ambulance supplies were GST-free) and Commr then disagrees with the Court (hmm…)

Outlines the ATO’s response to this case which concerns whether supplies of air ambulance services were GST-free pursuant to subsection 38-10(5) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act)? Brief summary of facts The defendants, Dieter and Lieselotte Siewert (the Siewerts), were the owners of a number of aviation…

Government to review rules for early release of superannuation, including: (1) to members in hardship and (2) to victims of crime as compensation from the perpetrator’s funds

The Minister for Revenue and Financial Services, the Hon Kelly O’Dwyer announced that the Coalition  Government that Treasury will review: the current rules governing early release of superannuation on grounds of severe financial hardship and compassionate grounds. the circumstances in which, superannuation assets should be available to pay compensation or restitution to victims of crime.…

Corporate tax transparency report for 2015–16 – ATO release report for over 2,000 of the biggest companies paying 60% of company tax

On 7 December 2017, the ATO published the corporate tax transparency report for 2015–16 which includes some tax information of more than 2,000 large companies operating in Australia. You can read more about the ‘Transparency Measure‘ and the this Report on the ATO site. Also, many companies provide significantly more detailed information through the Board of Taxation’s Voluntary…

DCT v Ma – DCT granted freezing orders over Australian assets for collection of NZ tax debts

The Federal Court has granted freezing orders sought by a Deputy Commissioner of Taxation (DCT) in relation to recovery proceedings for accrued taxation liabilities owed, by the taxpayers, to the NZ Commissioner of Inland Revenue. The matter related to “significant” debts owed, to the NZ Commissioner, by husband and wife taxpayers amounting to AUD$2m as…

CR 2017/78-81 – Scheme of Arrangement and Special Dividends; Fuel Tax Credit Report generated by the GPSI fleet system; early retirement scheme

On Wed 15.11.2017, the Commissioner issued 4 Class Rulings: CR 2017/78 – Seymour Whyte Limited Scheme of Arrangement and Special Dividends. This ruling considers the income tax and CGT consequences for shareholders of Seymour Whyte Limited who,pursuant to a scheme of arrangement,disposed of their ordinary shares to VINCI Construction Australasia Pty Ltd and received special dividends. In…

TD 2017/20 – Family Trust Distribution Tax: extended definition of ‘distribute’ is not limited to beneficiaries but will exclude ordinary business transactions on arm’s length terms

The ATO issued TD 2017/20 on Wed 15.11.2017. It contains guidance on, when family trust distribution tax is payable under Div 271 of the ITAA36. This arises when trustee of a trust, that has made a family trust election and then makes a ‘distribution’ outside the ‘family group’. ‘Family Trust Elections’ are significant in that they…

Treasury Laws Amendment (Housing Tax Integrity) Bill 2017 enacted – limit travel deductions for residential rental; limit depreciation deductions; implement an annual foreign owner vacancy fee (dwelling occupied less than 183 days)

The Treasury Laws Amendment (Housing Tax Integrity) Bill 2017 has been enacted as Act No. 126 of 2017 (getting Royal Assent on 30 Nov 2017). This Act: amends the: Income Tax Assessment Act 1997 (ITAA97) – to provide that travel expenditure incurred in gaining or producing assessable income from residential premises is not deductible, and not recognised in…