TR 2018/5 and PCG 2018/D3 – ATO’s guidance on Company ‘residency’ tests after the Bywater case – has ‘nothing changed’?

The Australian Taxation Office (ATO) has just released its much-anticipated Taxation Ruling on central management and control test of residency. TR 2018/5 covers the circumstances in which a foreign-incorporated entity may be an Australian tax resident, together with draft Practical Compliance Guideline (PCG 2018/D3). This follows the High Court’s recent decision in the Bywater case…

Board of Taxations Report on Australian individual tax residency rules – modernise and include ‘bright line’ (count the days) tests to avoid growing and invasive disputation

On 9 July 2018, the Board of Taxation (BoT) made public its August 2017 report to the Government, Review of the Income Tax Residency Rules for Individuals. on the same day, Minister for Revenue: Kelly O’Dwyer requested that the Board of Taxation undertake further consultation with regard to its recommendation to introduce a new set of…

Travelex Limited v FCT – interest on overpaid GST held to be payable from 14 days after the ‘surplus arose’ under s12AD of the Overpayments Act (not from notice of refund amount)

A taxpayer has been successful before the Federal Court when it argued that interest on overpaid GST accrued from the day on which the GST ‘surplus arose’ under the relevant definition: ‘RBA interest day’ s12AA, s12AD & s12AF of the Taxation (Interest on Overpayments and Early Payments) Act 1983 (Overpayments Act). This sounds boring, but…