DCT v Lim – Director Penalty Notices (DPNs) for Company Superannuation Guarantee (SGC) shortfall validly served on company director – summary judgement given

On 26 July 2019, the District Court of Western Australia gave summary judgement in favour of the Deputy Commissioner of Taxation, in an action to collect amounts from an unrepresented person under the Directors Penalty Notice (DPN) proceedings. See below for details. FJM 6.8.19 [Tax Month – August 2019]

Should lawyers have to report ATO ‘Promoter Penalties’ activity to their legal regulator – a line by line analysis of the ATO’s reasons

In another Tax Technical article, I reported on the ATO proposal to amend the Legal Profession Uniform Law to require lawyers to disclose any action by the ATO against them, under the promoter penalties provisions in Division 290 of the Taxation Administration Act 1953 (TAA53). This includes the proposal itself. The ATO made about 2…

ATO proposal that lawyers must report Promoter Penalties involvement to their regulator – TASA parity or ‘over-reach’ – good policy or bad?

On 25 June 2019, the ATO made a submission to the Legal Services Council, that the Legal Profession Uniform Law be amended, to oblige affected lawyers, to disclose any involvement with the ‘Promotor Penalties Provisions’ in Division 290 of the Taxation Administration Act 1953 (TAA53), as a reportable ‘show cause event’ – putting their practising certificate…

Moreton Resources Limited v Innovation and Science Australia – pilot plants can be relevantly ‘experimental’ for R&D tax offset purposes

On 25 July 2019, the Full Federal Court made an important decision about Division 355 of the ITAA 1997, which sets out the requirements for a Research and Development Tax Offset. In essence it decided that a pilot plant could be relevantly ‘experimental’ and satisfy the requirements for the offset. See below for a summary…

Moreton Resources Ltd v Innovation and Science Australia – experimental activities may include the application of existing technology at a new site

On 25 July 2019, the Full Federal Court held that expenditure on a pilot plant could be relevantly ‘experimental’ so as to qualify as ‘core R&D activities’, for the purposes of Div 355 of the Income Tax Assessment Act 1997. See below for a more detailed analysis of this ‘core’ part of the Court’s decision,…