TD 2018/D2 – s40-80(1) instant write-off for the cost of mining rights etc. first ‘used’ for exploration – by doing something permitted by the relevant ‘right’

On Wed 13.6.2018, the ATO issued Draft Taxation Determination TD 2018/D2 on what constitutes a “use” (and potentially first use) of a mining, quarrying or prospecting right. An outright deduction is available for the cost of such a right if the requirements in s40-80(1) ITAA97 are satisfied. A key requirement is that the first use…

Qld Budget – 50% payroll tax rebate extended to 30 June 2019, reduction in first home owner’s grant, land tax increase over $10m, increase in Foreign Acquirer Duty by 3% to 7%

On 12 June 2018, the Queensland Treasurer, Jackie Trad, delivered the 2018-19 Queensland State Budget. The Queensland Government has described this Budget as a budget for creating jobs and delivering infrastructure for the fastest growing population in Australia. Further, in the spirit of the jobs economy, the Queensland Government has committed to extending: the 50 percent…

State Taxation Acts Amendment Bill 2018 (Vic) – changes to the Duties Act to reverse the ‘Danvest’ partnership interest decision, widen the foreign purchaser definition and other changes – Act No 22 of 2018

On 1 May 2018, the Victorian Treasurer introduced the State Taxation Acts Amendment Bill 2018  into Parliament. Amongst other proposed amendments, there are some noteworthy changes to the Duties Act 2000 (Vic). The Bill passed all stages on 5 June 2018 and received Royal Assent 8 days later on 13 June 2018. The Royal Assent…

GIC rate (8.96%) and SIC (4.96%) rates for the first quarter of 2018-19 – modest increases over the last year

The ATO has released the ‘General Interest Charge’ (GIC) and Shortfall Interest Charge (SIC) percentages for the first quarter of 2018-19, ie July to September 2018: GIC annual rate – 8.96% GIC daily rate – 0.02454794% SIC annual rate – 4.96% SIC daily rate – 0.01358904% FJM 12.6.18 [ATO website: GIC, SIC; LTN 106, 5/6/18; Tax Month – June…

‘Seasonal Workers’ – Commissioner exempts ‘substantial’ employers from having to report under the Div 389 ‘One Touch’ reporting system (see ‘One Touch’ overview, too)

The Taxation Administration – Single Touch Payroll – Exemption for Employers Having a Seasonal Workforce was registered on Tue 5.6.2018. Made under s 389-10(1) of Sch 1 to the TAA, it provides for the ATO to exempt employers with a seasonal workforce from reporting under STP if they have 20 or more employees on 1 April in any year,…

Significant Global Entity definition broadened – to include groups headed by partnerships, trusts and private equity investors ($1b turnover threshold unchanged)

In the 8 May 2018 Federal Budget, the Government announced it would broaden the definition of ‘Significant Global Entity’ (SGE). The $1b turnover threshold will remain the same, but it will no longer be just a group headed by a public company or a private company required to provide consolidated financial statements. Subject to being legislated,…

Early release of super on ‘Compassionate Grounds’ – Commissioner of Taxation becomes the ‘regulator’ on 1 July 2018 (replacing the Chief Executive of Medicare)

On 30 May 2018, the Governor General registered the Treasury Laws Amendment (2018 Measures No 1) Commencement Proclamation 2018, proclaiming 1 July 2018 as the day on which Sch 4 to the Treasury Laws Amendment (2018 Measures No 1) Act 2018 commences. Schedule 4 transfers the regulator role, for early release of superannuation benefits, on compassionate grounds,(under SIS…

Family Law ‘superannuation splitting’ – Determination gazetted, setting 4.9% as the 2017/18 adjustment to the ‘base amount’ split of ‘defined benefit’ and SMSF interests, when ultimately paid to the non-member spouse

On 29 May 2018, the Australian Government Actuary registered the Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2018, on the Federal Register of Legislation. This Determination provides: The interest rate for adjusting entitlements under certain orders or agreements made under the Family Law Act 1975 (Act) and for splitting future superannuation benefits for the adjustment…

Jonshagen v CofT – No extension of time to object against a scheme assessment in the 2000 year – 2nd time round after failing previously in the 1998 and 1999 years

The AAT has affirmed the ATO’s decision, not to grant a taxpayer an extension of time, to object against amended assessments, for the 2000 income year, as the taxpayer was precluded, from objecting, by reason of having entered into a settlement deed, with the ATO. The taxpayer claimed deductions, for management fees, incurred by his…