Key News Summary: The ATO issued Taxation Determination TD 2018/16, on Wed 5.12.2018, ruling that payments made, under the National Redress Scheme to victims of institutional child sexual abuse, are not taxable. Ruling 1. If an application made under the National Redress Scheme for people who have experienced institutional child sexual abuse (Redress Scheme)…
Key News Summary: PCG 2018/D3 as been finalised as PCG 2018/9 extending the ‘non-audit’ period to 30 June 2019. This PCG gives practical guidance on the ‘central management and control’ (CM&C) issue for company tax ‘residency’ purposes. On Wednesday 5 December 2018, the ATO finalised PCG 2018/D3 – merely extending the ‘non-audit’ period from 13 December 2018 to 30 June 2019 (in…
The Statutes Amendment and Repeal (Budget Measures) Bill 2018 received Assent on 22 November 2018 as Act No 35 of 2018. It contains amendments to give effect to certain revenue measures announced in the 2018 South Australian Budget. The Bill contains a number of state revenue measures including: Third Party Reporting; Payroll Tax; Stamp Duty; and Land…
The Revenue Laws Amendment Bill 2018 was introduced in the WA Legislative Assembly on 29 November 2018. It contains amendments to the Duties Act 2008, Land Tax Assessment Act 2002 and Pay-roll Tax Assessment Act 2002. These amendments propose to address significant duty leakage, ensure certain taxpayer exemptions and concessions apply correctly, and improve the efficiency of…
The Qld Civil and Administrative Tribunal has effectively refused an application by taxpayers for exclusion orders that would have created 4 separate groups for payroll tax purposes. ‘Groups’ are relevant in payroll tax because there is a substantial tax free amount of wages that don’t attract tax, and payroll tax could be avoided by carrying…
This is a case about the the collection of NSW payroll tax and the Chief Commissioner’s use of the Statutory Demand procedure in the Corporations Act 2001. The issue was whether an estoppel can extend (or alter the start date) for a statutory time period – in this case, the 21 days, in which a…
The State Revenue Office of Victoria (SRO) has advised that ‘notifications’ due on 15 January 2019, for the following Victorian taxes: The vacant residential land tax – a tax imposed on the owners of land (in 16 Council areas), if that land has been relevantly ‘vacant’ for more than 6 (non-continuous) months in the preceding year.…
The Victorian Supreme Court has dismissed a taxpayer’s appeal effectively upholding a Victorian Civil and Administrative Tribunal decision: [2018] VCAT 1257, that the taxpayer could not be characterised as a body established for charitable purposes. The issue was whether a transfer of land, to the Taxpayer, was exempt from duty, under s45 of the Duties Act 2000, which…
The Full Federal Court has confirmed that PAYG amounts were “withheld” from a taxpayer’s salary or wages so that she was entitled to a tax credit, despite the amounts never being remitted to the ATO by her employers. The taxpayer was employed by 3 companies over the relevant years which provided her services as an…
The EU has been considering a temporary turnover tax on the revenues of large companies’ turnover from certain digital supplies, whilst waiting for a more permanent solution to arise out of the ‘Base Erosion and Profit Shifting (BEPS) project running under the auspices of the OECD and G20. Indeed, the UK announced a 2% version…