On Tuesday 2.10.18, the Government released a discussion paper seeking views on options to strengthen the integrity of the corporate tax system, in the age of the digital economy. The Treasurer also noted (in his media release): the Government is concerned that some very profitable, highly digitalised companies pay very little tax in the countries…
Article in Australian Financial Review: 4 October 2018, by Tom McIlroy and Michael Smith. Canberra/Shanghai | Federal government plans to slug expats millions in capital gains tax if they sell their homes while living overseas could be at risk, amid growing concern from Labor and Senate cross-benchers. [See related Tax Technical article about the…
T a x T e c h n i c a l – M o n t h l y N e w s – October 2018 Developments – This is a collection of developments in Australian tax law and practice that occurred in October 2018 which aims to be relevant to tax practitioners.[i] Compiled By F…
The Supreme Court of Victoria has dismissed the Commissioner of State Revenue’s appeal and found that distributions to Optometrist Entities were not “payments” within the meaning of the payroll tax acts because the Optometrist Entities beneficially owned the funds which were to be distributed to them under the respective express trusts. The Optical Superstore Pty…
The High Court has refused Sandini’s application for special leave to appeal from the decision of the Full Federal Court in Ellison v Sandini Pty Ltd [2018] FCAFC 44. The Full Federal Court had held that that Sandini was not entitled to s 126-5 (marriage breakdown roll-over relief), by operation of s 126-15, because: the 21 September 2010 orders…
The Federal Court has confirmed that the onus is on the taxpayer to prove that there is no fraud or evasion. The taxpayer challenged an AAT decision (Nguyen and FCT [2016] AATA 1041) that the taxpayer had failed to discharge her burden under s 14ZZK(b)(i) of the TAA of showing that amended assessments for the 2008,…
In May 2016, the Board commenced a self-initiated review of the current individual tax residency rules. In the course of it’s inquiries, the Board spoke to English taxing authorities (HMRC) about their experience (see Tax Technical articles: FOI notes of HMRC call, Tax Month article on FOI document). It found that that the current individual tax…
The Treasury Laws Amendment (Accelerated Depreciation for Small Business Entities) Bill 2018 having been introduced on 24 May 2018; referred to the Senate Economics Legislation Committee on the same date, which reported on 30 May 2018 (unanimously supporting passage); was introduced into the Senate on 25 June 2018; sat in abeyance over 1 July 2018…
On 20 September 2018, The Irish Times reported that EU countries could agree a new short-term digital sales tax to apply to many of the major tech firms before the end of the year, according to Pascal Saint-Amans, the OECD’s leading tax expert, whilst speaking at the PwC/Irish Times tax summit, in Dublin (on 20 September 2018). Mr…
The Victorian Court of Appeal has, by majority (Niall J dissenting), granted a taxpayer leave to appeal; but then dismissed its appeal, concerning land tax assessments, in respect of Crown lands, within the alpine resorts, at Falls Creek and Mount Hotham, which were used and occupied by wholly-owned subsidiaries of the taxpayer. The background was this. The…