Zombie bill not dead – ‘main residence’ CGT threats revived for Australian and foreign expats

The hares were set running on Friday 5 July 2019, when the ABC reported the Federal Treasurer had confirmed the measures designed to deny non-residents the ‘main residence’ CGT exemption were still Government Policy (despite being announced in the 2017 Budget, introduced in February 2018 as the Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures…

Combatting Illegal Phoenixing Bill affects GST – estimates collectible, directors liable and another reason to delay refunds

On 4.7.19, the Government introduced the Treasury Laws Amendment (Combatting Illegal Phoenixing) Bill 2019 into the House of Representatives (see related Tax Technical article).  The Bill measures that impact GST – allowing the Commissioner to collect ‘estimates’ of GST, making directors liable for GST and further reasons to delay GST refunds. See below for a summary of these…

Combating Illegal Phoenixing Bill introduced – creditor defeating offences, director resignations, GST collections and refunds

The Government introduced the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 into the House of Representatives on Thursday 4 July 2019. Amongst other things, it will affect the way that the Commissioner collects GST and pays GST refunds. See below for a summary of the 4 schedules and the start dates for these measures. FJM…

Lapsed Measure to deny ‘main residence’ CGT exemption to non-residents remains ‘Government policy’ – apparently

On Friday 5 July 2019, the ABC reported that Federal Treasurer: Josh Frydenberg confirmed it remains Government policy to deny the CGT main residence’ exemption for persons who are non-resident, when they sell their home. This is despite Bill: Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No 2) Bill 2018 lapsing after the election…

Genuine redundancy and early retirement scheme payments – consultation on draft law to extend age limits to match age pension (per last MYEFO announcement)

The Government has released exposure draft legislation and explanatory material for amendments to give effect to the 2018-19 ‘Mid-Year Economic Financial Outlook’ (MYEFO) announcement, that it would extend the concessional tax treatment of genuine redundancy and early retirement scheme payments, from 1 July 2019, to those under Age Pension qualifying age. See below for further detail about this…

Schweitzer v CofT – Taxpayer unsuccessful in seeking hardship release from tax-related liabilities – including for some technical reasons

On 29 May 2019, in Schweitzer v CofT – the AAT upheld the Commissioner’s decision not to release some very old liabilities, under the hardship provisions in Div 340 of the TAA53. There were some technical reasons of interest as well has not being able to show that failure to release these debts would cause…

Bosanac v CofT – on a rehearing, the AAT remits the shortfall penalty from 75% to 60% where taxpayer’s tax agent failed to include a net capital gain he knew about

On 10 June 2019, in Bosanac v CofT, the AAT reheard the issue of remitting shortfall penalty and decided that the penalty should be reduced from the 75% ‘reckless’ benchmark, down to 60% (but said it could not be remitted below the 50% level for reckless omission of the net capital gain. See below for…

Brooks v CofT – AAT upheld disqualification from being SMSF trustee and assessment of super funds lent out before ‘condition of release’

In Brooks v CofT, the AAT upheld the Commissioner’s decision to disqualify an SMSF director and shareholder for presiding over an undocumented loan from the fund, to he and his wife, of $257,000. It also upheld an assessment, including the loan receipt as a superannuation benefit prior to a condition of release. See below for…