On 22 October 2018m, the Assistant Treasurer, the Hon Stuart Robert MP, released a consultation paper seeking views on the proposed implementation of the amendments to Division 7A of the Income Tax Assessment Act 1936 (ITAA36). He said the proposed amendments drew on recommendations from the Board of Taxation and will provide clearer rules for taxpayers…
The Inspector-General of Taxation (IGT), Mr Ali Noroozi, has announced the release of his report into the ATO’s fraud control management. The review arose because of the concerns surrounding Operation Elbrus (a major phoenixing operation conducted by the son of a senior tax officer), including allegations of tax fraud that may be associated to abuse of position…
The AAT has upheld superannuation Division 293 tax assessments against a former Vice President of the Australian Industrial Relations Commission (AIRC) after ruling that he was not a “judge” for the purposes of the exemption under s 293-190 of the ITAA 1997. The taxpayer, the Hon Graeme Watson, is a former Vice President of the Australian…
The Inspector-General of Taxation released its 2017-18 Annual Report on 18 October 2018. The Inspector-General, Ali Noroozi, confirmed that this would be his last Annual Report, following his decision not to seek another term. The themes in the Annual Report included the following. The creation of the IGT in 2003 to investigate systemic problems in the ATO –…
A taxpayer has been unsuccessful in contesting GST assessments, relating to the sale of 4 properties. They imposed $265,296 of GST plus substantial further amounts of shortfall penalties, before considering, also, interest based penalties. The facts were these: The taxpayer bought 2 existing terrace properties (Lots 1 & 2) in 2001 – one used commercially…
ASIC has assisted employees gain access to the Government’s ‘Fair Entitlements Guarantee scheme (Entitlements Scheme) by exercising its wind-up powers and appointing liquidators to 17 abandoned companies in the 12 months to 30 September 2018. Because ASIC appointed the liquidators, employees of these 17 companies can now apply to recover owed unpaid employee entitlements. The 17 abandoned…
On 20.9.2018, the Government introduced the Treasury Laws Amendment (2018 Measures No. 5) Bill 2018 in the House of Representatives, where it sat until debated and passed on 17 October 2018 (and it moved to the Senate the next day). It proposes the following amendments: AMIT technical amendments – would amend the TAA, ITAA 1997, ITAA…
On 20.9.18, the Government introduced the Treasury Laws Amendment (Black Economy Taskforce Measures No 2) Bill 2018 in the House of Representatives and on 17 Oct 2018, it the Lower House and moved (the next day) to the Senate. The Bill proposes: to insert a new s26-105 into the ITAA 1997 that will deny an income tax…
In a recent meeting of the Superannuation Administration Stakeholders Group, the industry representatives requested further advice, from the ATO, on the action required for ‘downsizer’ contributions that are subsequently found to be ineligible contributions. Currently there is a 13 month turnaround period for the ATO to determine whether the contributed amounts are ‘ineligible’, and this delay…
The Treasury Laws Amendment (Lower Taxes for Small and Medium Businesses) Bill 2018 received Royal Assent on 25.10.2018, as Act 135 of 2018 and becomes law. The Government introduced the Bill into Parliament on 16.10.18 and passed both houses on 18.10.18. It implements the proposal to accelerate the reduction of the tax rate for corporate tax…