LCR 2018/D9 & PCG 2018/D9 – Hybrid mismatch rules: ATO guidance on structured arrangements

Key News Summary – to assist with the coming anti-hybrid mismatch rules, the Commissioner has issued Draft Law Companion Ruling LCR 2018/D9 and Draft Practical Compliance Guideline PCG 2018/D9.   On Wed 19.12.2018, the ATO issued 2 products – Draft Law Companion Ruling LCR 2018/D9 and Draft Practical Compliance Guideline PCG 2018/D9 – on the recently…

DCT v Pedley (No 2) – DPN liability stands – instalments not applied to company debts with ‘parallel’ liability for director

Key News Summary – a director was held liable for almost $160,000 of a company’s PAYGw liabilities, under the DPN provisions, because the company’s instalment payments were not made under any agreement to pay the company’s parallel (DPN) liabilities first, and so were allocated to liabilities to the ATO on the PS LA 2011/20 basis…

Labor would give employees a right to chase their own super and increase ‘fines’ for under-reporting to the ATO

Key News Summary – on 16.12.18, the Shadow Treasurer announced that a Labor government would change the laws to give employees a legal right to collect their own superannuation and the Commonwealth the right to impose fines of 10% and 300% of un/under paid superannuation contributions, if there are misleading statements or under-reporting to the…

Redundancy and early retirement scheme payments – Change to extend the current 65 age cap to match Age Pension eligibility

Key News Summary – the Treasurer announced an extension of the age, up to which an individual can get the tax-free portion of ‘genuine redundancy payments’ and ‘early retirement scheme’ payments. The age will be extended to match the increasing age threshold for the Age Pension.   On 15.12.18, the Treasurer announced a change to…

Reform of the PRRT – uplift rate for expenditure and removing ‘onshore’ projects – draft legislation

Key News Summary – On 14.12.18, the Government release draft legislation to reform the PRRT, (i) lower the uplift rates from LIBOR+15% points that apply to certain categories of carried-forward expenditure, to LIBOR+5% points, from 1 July 2019; and (ii) remove onshore petroleum projects from the scope of the PRRT.   The PRRT is a profit-based…