Treasury Laws Amendment (2017 Measures No 4) Bill 2017 passes all stages – ITAA97 asset rollovers for mandatory transfers to a ‘MySuper’ fund

The Treasury Laws Amendment (2017 Measures No 4) Bill 2017 passed the House of Representatives on Wed 16.8.2017, without amendment and similarly passed the Senate on Thursday 17.8.2017. It gained Royal Assent on 23 Aug 2017 as Federal Act No. 94 of 2017. The Bill contains the following amendments: Income tax relief for transfers within a fund…

Multi-Lateral Instrument (Treaty) – 8 Submissions made and released on the Treasury paper on Australia’s adoption of the OECD BEPS MLI

Treasury received 8 submissions in relation to its December 2016 Consultation Paper on Australia’s adoption of the OECD BEPS Multilateral Instrument. The submissions, which have now been released by Treasury, were made by: Australian Private Equity & Venture Capital Association Limited Chartered Accountants Australia and New Zealand Corporate Tax Association Ernst & Young Insurance Council of Australia…

Labor’s bill to halve turnover threshold for public disclosure of private company tax information – it would reduce the $200m threshold to $100m (matching public companies)

Labor Bill proposes lowering the turnover threshold, from $200,000 to $100,000 for public reporting of private company tax information (like public companies have their tax information reported by the Commissioner). On Monday 14.8.17, Senator Gallagher (ALP ACT, Manager of Opposition business in the Senate) introduced the Taxation Administration Amendment (Corporate Tax Entity Information) Bill 2017…

SA: Budget Measures Bill 2017 passes House of Assembly – 0.015% bank levy remains; some payroll tax rate reductions and Fed harmonisation; foreign ownership surcharge; ‘off the plan’ duty concessions extended but include a 5 year clawback and exclude foreign persons

The Budget Measures Bill 2017 (SA) was passed by the SA House of Assembly on 10 August 2017 with 10 Government amendments and now moves to the Legislative Council. The amendments concern the foreign ownership surcharge. Where a resident person or trust acquires an interest in land only to later become a foreign person or trust within…

Juneja & Anor v Tax Practitioners Board – Federal Court upheld termination of the Tax Agent’s registration – Agent’s arguments failed that the AAT had not discharged its function by adopting large amounts of the Board’s closing submissions sometimes without acknowledgement

The Federal Court has dismissed an appeal concerning the termination of a tax agent and a related tax agent company. Previously, the AAT had affirmed the Tax Practitioners Board decision to terminate the tax agent’s registration and the registration of a company with whom he was related. The Board did so under s40-15(1)(b) of the…

ASIC disqualifies SMSF auditor for breaches of independence standards for auditing the SMSF of a ‘close family member’ and also for breach of audit evidence standards

On 10.8.17, ASIC announced that it had disqualified Mr R of New South Wales from being an approved self-managed superannuation fund (SMSF) auditor for auditing the SMSF of a close family member. ASIC determined that Mr R had breached fundamental independence and audit requirements. Given the nature of these breaches, it was considered appropriate to disqualify…

Treasurer acknowledges New Zealand’s measures to combat cross-border avoidance of local tax and gives figures for tax boosts from its international measures

On 10.8.17, the Treasurer issued a press release welcoming New Zealand’s decision to join Australia in tackling multinational tax avoidance. He said: Australia is a strong advocate for all jurisdictions to adopt these measures. New Zealand will take action against multinationals that use artificial arrangements to avoid having a taxable presence in New Zealand. In addition to…

PR 2017/9 – OnePath Life – OneCare Policy – Life Cover, Total and Permanent Disability Cover and/or Trauma Cover monthly benefits are not assessable and there is no CGT on payment either

On Wed 9.8.2017, the ATO issued Product Ruling PR 2017/9 (OnePath Life – OneCare Policy – Life Cover, Total and Permanent Disability Cover and/or Trauma Cover). It provides that: the monthly payment of insurance benefits in accordance with the “instalment benefit payment type” is not assessable income of the recipient (the policy owner or a nominated…