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

ATO’s Draft LPP Protocol – ‘withdrawn’ but not gone (‘pdf’ preserved for later reference)

In late June 2022, the Commissioner finalised and released the ATO’s ‘Protocol’ on claiming Legal Professional Privilege. I chronicled the heat this process has created (see related TT article). The starting point was issuing the Commissioner issuing his draft protocol in September of 2021. Though I have written much about this draft, it is now…

Tax Month – June 2022

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – June 2022 Edition – ‘Tax Developments’ for tax practitioners by a tax practitioner.   Compiled by F John Morgan A member of the Victorian Bar (www.FJMtax.com) Table of Contents ______________________________________________________________________________  …

ATO strengthening client verification – to avoid identity theft and tax refund fraud

  In this the Tax Institute’s Member Newsletter: TaxVine No. 17 (20.5.22), Senior Advocate, Robyn Jacobson, CTA, explains the new client verification guidelines that will impose new obligations on tax practitioners in an effort to address identity theft. Strengthening client verification What is identity theft? Identity theft is insidious. It can wreak devastating financial, social…

Superannuation – what’s new from 1 July 2022 and what are the priorities for further?

In the Tax Institute’s Member Newsletter: TaxVine No. 19 (3.6.22) Kym Bailey, CTA, Chair of The Tax Institute’s National Superannuation Technical Committee (Committee), recaps on the changes to superannuation effective from 1 July 2022 and summarises the key priorities for the Committee over the coming year. In the last weeks of the previous government, several superannuation changes…

ATO media release marks move back to ‘normalised’ debt collection (so ‘please respond … ‘)

The ATO has issued the attached media release highlighting our work prioritising support and assistance for taxpayers with tax and super debts. However, this really marks a move away from COVID accomodating latitude to ‘firmer debt collection action’ – what it calls ‘normalising its preferred approach. Notwithstanding this (or even because of this) the ATO…

Citta Hobart Pty Ltd v Cawthorn – High Court decision establishing the test for State Tribunals ceasing to have jurisdiction to decide Constitutional and other Federal issues

On 4 May 2022 the High Court delivered a judgment of the power of State Tribunals to consider constitutional matters. Without considering the merit of constitutional defence, the Tasmanian Tribunal concluded that it would be exercising judicial power on a Federal Matter, and dismissed the matter, on the basis it lacked jurisdiction. On appeal, the…

Hamilton wins his appeal for exemption under the International Organisations (Privileges and Immunities) Act 1963 – but they had to retrospectively amend the regulations

In August 2020 I reported that a taxpayer: Stuart Hamilton, was appealing the decision of the AAT, that he was not exempt from tax under the International Organisations (Privileges and Immunities) Act 1963 [IOPIA], on the basis of the 2017 High Court case of CofT v Jayasinghe [2017] HCA 26) (see related TT article). You would be forgiven for thinking…