The ATO says it understands that some individuals and organisations are promoting arrangements where SMSF monies are deposited into unit trusts or pooled investment trusts less a management fee. This money is then used to obtain a personal or business related mortgage which results in the SMSF assets being used to provide members with current-day…
Responding to suggestions that people should be allowed to access their superannuation to help in buying their first home, the Prime Minister said in a doorstop interview [on Mon 9.3.2015] that the idea had “been around for quite some time”. He said it was an idea that “has a lot of currency in other countries,…
Superannuation rates and thresholds for 2015/16, 02 March 2015 The ATO has released the key superannuation rates and thresholds for the 2015/16 year. These rates and thresholds have been indexed in accordance with the average weekly ordinary time earnings figures released by the Australian Bureau of Statistics. The key superannuation rates and thresholds include the…
The Queensland Supreme Court has held that a death benefit nomination form completed by a member of a self-managed superannuation fund (SMSF) was not a binding nomination. Accordingly, the trustees of the SMSF were not required to pay the benefit on death of the member in accordance with the nomination. Facts – In 2004, Mr…
In a preliminary matter, the AAT has found that it has jurisdiction to review the Commissioner’s decision not to make a determination under s292-465 of ITAA 1997 that a taxpayer’s excess non-concessional contributions be disregarded. In November 2012, the Commissioner issued a notice of assessment of excess non-concessional superannuation contributions tax for the 2010/11 year…
On 27 February 2015, the ATO issued an Interim Decision Impact Statement on Albrecht & Ors v FCT [2014] FCAFC 176. In the case, the Full Federal Court partly allowed appeals by commissioned officers of the Western Australian police force against superannuation contributions tax assessments. The ATO is seeking comment saying further consultation is required to confirm…
The Commissioner issued a ruling [on 25.3.15] that explains his view on the meaning of the terms “passed on” and “reimburse” for the purposes of Div 142 of the GST Act. Generally, Div 142 operates so that a supplier is not entitled to a refund of an amount of excess GST where the supplier has…
The AAT has held that a taxpayer was not entitled to “revise” earlier business activity statements (BAS) to claim input tax credits for acquisitions made more than six years previously. Facts – The taxpayer was registered for GST and lodged its BAS for the tax periods ended 31 March 2005, 30 June 2005 and 30…
In Anderson and Commissioner of Taxation [2015] AATA 167 the Tribunal found that the trustee of a family trust, was liable for GST in respect of the sale of property by the trust where the trust was in financial trouble and the proceeds of the sale were paid directly to the mortgagee. The contract of sale was entered…
The ATO says it continues to focus on “higher risk cash economy industries”. The ATO intends to visit or phone around 400 restaurants, cafes, takeaways and mobile food vendors in the Adelaide CBD. The visits will cover registration, record-keeping, super obligations and lodgment history. The ATO also plans to run 2 information sessions for business…