ATO explains its ‘AUSid’ system for overseas entities to report and pay Australian GST – a secure, computer based, desktop system

The GST Act and TAA now require even more non-residents to interact with the ATO, and it has created the ‘AUSid’ system as portal for these interactions. The ATO says AUSid is a simple and secure way for overseas limited registered entities that transact with Australia and are registered for GST to report and pay…

Labor’s plan to abolish refunds of excess franking credit tax offsets – effectively referred by the Government, to a Committee it controls, to report on the implications & consequences of this proposal

The House of Reps Standing Committee on Economics will hold an inquiry into the implications of removing refundable franking credits. Labor had proposed such a policy in an announcement in March 2018, which I covered in the following Tax Technical article. I have extracted the key aspects of this policy, below. So the inquiry clearly has the…

Treasury Laws Amendment (Black Economy Taskforce Measures No 2) Bill 2018 – new s26-105 to deny deductions for wages etc if PAYG amounts not withheld; amendments to s396-55 extend reporting obligations to contractor payments in the road freight, IT, security & investigation or surveillance industries

On 20.9.18, the Government introduced the Treasury Laws Amendment (Black Economy Taskforce Measures No 2) Bill 2018 in the House of Representatives and on 17 Oct 2018, it the Lower House and moved (the next day) to the Senate. The Bill proposes: to insert a new s26-105 into the ITAA 1997 that will deny an income tax…

Treasury Laws Amendment (2018 Measures No. 5) Bill 2018 introduced – AMIT technical changes; update the list of DGRs and add indigenous language promotion; IP licensing subject to restrictive trade practices law

On 20.9.2018, the Government introduced the Treasury Laws Amendment (2018 Measures No 5) Bill 2018 in the House of Reps It proposes the following amendments: AMIT technical amendments – would amend the TAA, ITAA 1997, ITAA 1936, and other Acts to make a number of technical refinements to the income tax law so that the new…

Treasury Laws Amendment Foreign Investors Bill 2018 introduced – Stapled structures/MIT income; thin cap changes; super funds for foreign residents; limiting sovereign immunity tax exemption

On 20.9.2018, the Government introduced the Treasury Laws Amendment (Making Sure Foreign Investors Pay Their Fair Share of Tax in Australia and Other Measures) Bill 2018 was introduced in the House of Reps. It proposes a number of changes: Non-concessional MIT income – amends the ITAA 1997, the ITAA 1936 and the TAA to improve…

Omnibus Treasury Laws Amendment Bill 2018 introduced: GST turnover includes online hotel bookings; Thin cap; R&D Tax Incentive; Significant Global Entity (SGE) definition

On 20.0.2018, the Government introduced the Treasury Laws Amendment (Making Sure Multinationals Pay Their Fair Share of Tax in Australia and Other Measures) Bill 2018 was introduced in the House of Representatives. In the Schedules noted, it proposes various amendments, including the following. Online hotel bookings and GST [Schedule 5] – amendments would require offshore suppliers of…

Mango Reef Pty Ltd v CofT – Taxpayer’s claim for $621k of ‘input tax credits’ on alleged purchases of 145kg of gold – failed to prove that the purchases occurred at all and 75% shortfall penalties upheld

The AAT has rejected a taxpayer’s claim for input tax credits for the purported purchase of approximately 145kg of gold. The taxpayer claimed that in May and June 2014 it purchased, in 16 transactions, a total of approximately 145kg of gold from another company. The transactions allegedly took place in Sydney at the airport carpark, in hotels or at…

CR 2018/38 – Metcash Limited – Div 16K treatment of ‘off-market’ share buy-back and various dividend anti-avoidance rules

On Wed 29.8.2018, the ATO issued Class Ruling CR 2018/38 (Metcash Limited – Off-market share buy-back). This ruling considers the tax consequences for Metcash shareholders who dispose of their ordinary shares under an off-market share buy-back announced on 25 June 2018. The ATO treats the buy-back as an off-market purchase under Div 16K ITAA 1936. Importantly, the Commissioner…