Small Business Ombudsman is investigating the Government clawing back millions in R&D claims from small business (ATO offends Kate Carnell again)

On 28 August 2019, the Australian Small Business and Family Enterprise Ombudsman: Kate Carnell put out a media release saying she is concerned by reports the government (the ATO) has clawed back $200 million, in the 2018 financial year, from businesses who have claimed the R&D Tax Incentive and has been investigating the impact of…

TD 2019/D5 – Early stage innovation companies – tax offset and CGT exemption: administration of ‘early stage’ $1m expenses incurred under early stage test

On Wed 28.8.2019, the ATO issued Draft Taxation Determination TD 2019/D5 on what expenses are taken into account in determining whether a company meets the requirements of an early stage innovation company (ESIC). See below for further detail about the draft determination. FJM 28.8.19 [Tax Month – August 2019]

Burton v CofT – Only 50% of US CGT allowed as foreign tax offset as only 50% of Australian capital gain assessable & a majority said the DTA argument failed – appeal dismissed

On appeal, the Full Federal Court has upheld (by majority) that a decision that a taxpayer was not entitled to a full foreign income tax offset (FITO) for US tax paid on the sale of investments, as only half the capital gain had been included in his assessable income although there was an ancillary DTA…