*Statutory definition of ‘charity’ for all Federal legislation: draft legislation released [53]

The Government on Mon 8.4.2013, issued for comment exposure draft legislation and explanatory material proposing to introduce a statutory definition of charity and charitable purpose for the purposes of all Commonwealth legislation as announced in the 2011 Federal Budget. The Government has also released a factsheet summarising the key issues. According to the Government, the…

*APRA regulated funds (RSE licensees) warned about new SuperStream requirements – 3 day rollover and member identity check [51]

APRA Mon 22.4.2013, released a letter to RSE licensees setting out its expectations around compliance with the new SuperStream requirements and reduced time limits for completing rollover transactions from 1 July 2013. APRA notes that RSE licensees will generally need to complete superannuation rollover transactions within 3 business days from the date of receipt of a complete…

*Unit Trend Services Pty Ltd v FCT – Commissioner granted stay in GST case to defer ‘margin scheme’ treatment until High Court decision comes down [42]

The Federal Court (Logan J) has granted the Commissioner a stay of certain orders made in the Full Federal Court’s August 2012 decision in Unit Trend Services Pty Ltd v FCT [2012] FCAFC 112 until the determination by the High Court of the Commissioner’s application for special leave to appeal, and if special leave to appeal is granted,…

*ATS Pacific Pty Ltd v FCT – Supplies of Australian products to non-resident travel agent not GST-free as they were for their non-resident clients but booking percentage was GST-free [41]

The Federal Court has held that supplies provided by a taxpayer, an Australian travel agent, to non-resident travel agents were subject to GST, as they did not fall within the scope of s38-190 of the GST Act, because the supplies were ultimately provided to non-resident tourists who travelled to Australia. However, the Court held that…