Treasury fact sheet updated for JobKeeper 2.1 revisions – 7 August 2020 Announcements

Treasury has updated (to 10 August) its fact sheet, Extension of the JobKeeper Payment, to incorporate the further revisions to JobKeeper 2.0 announced by the Prime Minister on 7 August 2020. Those changes will adjust the employee eligibility reference date to 1 July 2020 and revise the turnover test. See below for details. [Tax Month – August 2020]    

Tax Alert TA 2020/3 – Arrangements with interposed offshore beneficiaries, with interest deductions – that avoid Australian tax and interest withholding tax

On Fri 14.8.2020, the ATO issued Taxpayer Alert TA 2020/3 expressing concern about arrangements involving interposed offshore entities, to avoid Australian tax on the Australian profits and interest withholding tax liabilities on the off-shore interest payments. See below for details. [Tax Month – August 2020]

Old fashioned ordinary tax measures (remember those) – a stocktake of recently passed bills, unpassed bills, and no bills at all measures (lots)

On Friday 21.8.2020, The Tax Institute posted a report by their Senior Advocate: Robyn Jacobson entitled A stocktake of unenacted measures in their weekly emailed newsletter: TaxVine (No.32 of 21.8.20). This covers things merely announced (5 items), announced measures introduced as a Bill (10 items), that is still before Parliament and recently enacted measures (6 items). This…

Auctus Resources Pty Ltd v CofT – ATO could not recover a refundable tax offset for R&D after project disallowed – both parties failed to argue the relevant ‘transitional provision’

On 31 July 2020, the Federal Court found against the Commissioner, who was attempting to recover a refundable tax offset, after Innovation and Science Australia, repudiated the registration of the R&D project. The Commissioner was out of time to issue an amended assessment and tried to use a provision in the ‘running balance provisions’ of…

SPR 2020/D2 – SMSF ‘in-house asset’ exemption for rental income deferrals during COVID-19 period – ATO issues Draft Determination

On Mon 3.8.2020, the ATO released a Draft Legislative Instrument proposing to provide an in-house asset exemption for an asset that is attributable to the deferral of rental income measures implemented to provide financial relief as a result of COVID-19. See below for details. [Tax Month – August 2020]    

SG amnesty 7 Sept 2020 deadline – recognising the COVID chaos, the ATO has prepared ‘pathways’ for businesses seeking payment plans (but will that include extending self-audit time?)

On 5 August 2020, the Assistant Minister for Superannuation: Jane Hume, issued a media release signalling that the ATO is aware that deadline for the Superannuation Guarantee Amnesty is approaching (7.9.20) at a time when the economy is reeling from the effects of the COVID pandemic, the restrictions and the ensuing economic turmoil and damage.…

PS LA 2020/D1 – Super guarantee charge amnesty ending 7 September 2020 – Commissioner’s guidance to staff on remission of additional 200% penalty post-amnesty

On 30 July 2020, the ATO released Draft PS LA 2020/D1, setting out proposed guidelines on the remission of additional super guarantee charge (SGC) after the SG amnesty ends on 7 September 2020. Under Pt 7 of the Superannuation Guarantee (Administration) Act 1992 (SGAA), this additional SGC (Part 7 penalty) is up to 200% of the SGC…