Daily Archives: July 19, 2018

NSW Duty – Rubino Investments Pty Ltd v Chief Commissioner of State Revenue (NSW) – transfer of land not exempt as transfer to new trustee or transfer to rectify fraud

A transfer of land was not exempt because it did not rectify the consequences of fraudulent conduct. Mr and Mrs R were the registered proprietors of land at Galston. The properties were mortgaged to a bank and they were in danger of losing them. In 2012 a financial adviser organised for the properties to be…

DCT v Donoghue – Summary judgment for tax debt correctly entered for $48m – service effective and formalities established the statutory presumption that the debt was due and payable

The Federal Court was satisfied that relevant documents were property served on the taxpayer and entered summary judgment for the Tax Office in the amount of just over $48m. There were 2 issues for the Court. When the taxpayer’s solicitors ceased to act for him, in relation to both his appeals, against income tax assessments,…

Beckett and Tax Practitioners Board – Tax agent’s registration terminated for not a ‘fit and proper person’ person – multiple dishonesties including unexpired suspended custodial sentences inconsistent with relevant standard

The AAT has confirmed a Tax Practitioners Board’s decision to terminate a tax agent’s registration because she was not a fit and proper person. In November 2017 the Board terminated the applicant’s registration as a tax agent as it did not consider she was a “fit and proper person”, as required by s 20-5 of the Tax Agents Services Act…

Unexplained Wealth Legislation Amendment Bill 2018 – relies on States referring powers for National Co-operative Scheme on the Proceeds of Crime

The Unexplained Wealth Legislation Amendment Bill 2018 was introduced into the Lower House on 20 June 2018 and was referred to the Senate Legal and Constitutional Affairs Legislation Committee on 28 June 2018, for inquiry and report by 6 August 2018 (the Bill is still before the House of Reps). It proposes to amend the Proceeds of Crime…

IGT will not seek third term – in his 10 years his office has conducted 30 reviews into ‘systemic’ ATO problems and taken over the Ombudsman’s ‘individual’ complaints function (allowing one to inform the other)

On 9 July 2018, the Inspector-General of Taxation (IGT), Ali Noroozi, confirmed he will not be seeking reappointment for a third term. In his 10 years as Inspector-General of Taxation Mr Noroozi has undertaken over 30 reviews of issues including ATO debt collection, tax disputes, audits, transfer pricing, services to tax practitioners, taxpayer rights, IT…