John Morgan is a tax specialist lawyer of more than three decades experience now practicing at the Victorian Bar - w: www.FJMtax.com e: f.john.morgan@vicbar.com.au

Seven Network (Operations) Limited v Screen Australia – Bride and Prejudice series not a ‘documentary’ – no Australian film production tax offset

Tax Month - May 2019

In this case, In Seven Network (Operations) Limited failed in an important step to get a ‘tax offset’ for Australian film production expenditure in producing its ‘Bride and prejudice’ series. Screen Australia had refused to issue the necessary certificate required under s376-65 of the ITAA97. The case turned on whether the series was a ‘documentary’ and the AAT…

The ATO’s ‘Compensation for Detriment Caused by Defective Administration’ is the subject of review for the benefit of ‘small business’

Tax Month - May 2019

The Scheme for the Compensation for Detriment Caused by Defective Administration (the CDDA Scheme) is the subject of review by a Mr Robert Cornall AO – appointed by the Minister for Finance and Assistant Treasurer. This was on 25 February 2019. The A/g IGTO and Deputy met with Mr Cornall and his team at his request…

Rinehart & Anor v Hancock Prospecting Pty Ltd & Ors – High Court gives orders on mediation and parties to the mediation (not tax, but interesting)

Tax Month - May 2019

The High Court has given Gina Rhinehart orders binding her children to have their claims dealt with by confidential mediation and it has given her children orders that their companies’ claims be dealt with in that mediation. This is not tax, but it’s so topical, I thought it worth noting. The decisions and the citation…

Independent Review into the regulation of tax agents – the effectiveness of the Tax Practitioners Board and the operation of the Tax Agent Services Act 2009

Tax Month - January to April 2019

On 5th March 2019, Assistant Treasurer Robert announced an independent review into the effectiveness of the Tax Practitioners Board, and the operation of the Tax Agent Services Act 2009 and the Tax Agent Services Regulations 2009, which establish the regulatory regime for tax practitioners in Australia, to consider whether the legislative and governance framework for…

ISA report calls the number of employees who are underpaid super, and the extent to which they fall behind, a ‘scandal’ that must be fixed

Tax Month - May 2019

On 3 May 2019, Industry Super Australia, released a report entitled: ‘Super Scandal – unpaid Super Guarantee in 2016-17. It reported that analysis shows since the first ISA analysis of ATO data in 2013/14, the number of workers short-changed super has climbed by 90,000 to a total of 2.85 million Australians being ripped off $5.94 billion…