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

GST: Decleah Investments Pty Ltd and Anor as Trustee for the PRS Unit Trust v CofT – property subdivision and margin scheme – 4 valuations failed the ‘approved’ standard and the AAT raised the shortfall penalty from 25% to 50%

The AAT has found a taxpayer company did not provide an approved valuation for the purposes of the GST Act when applying the margin scheme to calculate GST payable on the supply of subdivided lots. The taxpayer and another company are trustees of the PRS Unit Trust. The other company acquired land for subdivision, and…

New Commissioner for the Australian Charities and Not-for-profits Commission (ACNC) – the Hon Dr Gary Johns

On 7 December 2017, the Assistant Minister to the Treasurer: the Hon Michael Sukkar, announced that Hon Dr Gary Johns has been appointed as the full-time Commissioner of the Australian Charities and Not-for-profits Commission (ACNC) for a five-year period.   The ACNC is the national regulator of charities, established by the Australian Charities and Not-for-profits Commission…

Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017 – Model Litigant Obligations Bill referred to Senate committee for report by 8 May 2018

The Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017  was introduced into the Senate, as a private members bill on 15 November 2017 and on 7 December 2017 the Senate referred it to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry and report by 8 May 2018. The Bill, proposes to: amend the Judiciary Act 1903…

Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 introduced – replacing, broadening and enhancing ‘whistleblower’ access and protections

On Thursday 7.12.17, the Government introduced the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 in the Senate. The Bill is designed to create a single whistleblower protection regime in the Corporations Act, to cover the corporate, financial and credit sectors, and create a new whistleblower protection regime in the taxation law, to protect those who expose…

Tas: Land Tax Amendment Bill 2017 – apportioning principal residence and other land values – passed

The Land Tax Amendment Bill 2017 (Tas) has now passed all stages without amendment and awaits Royal Assent. It amends the Land Tax Act 2000 to adopt a “fairer, simpler and taxpayer favourable approach” to the apportionment of the assessed land value of principal residence land between principal residence land and general land. The Bill…

Housing Affordability Bill: superannuation changes to establish (1) First Home Super Saver Scheme; (2) Downsizer extra $300k super contributions from sale of house

On Thur 7.12.2017, the House of Representatives agreed to amendments made by the Senate (that were moved by Senator Leyonhjelm) to the Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No 1) Bill 2017 and the Bill effectively awaits Royal Assent. The other Bill in the package – the First Home Super Saver Tax Bill…

TPB – 2016/17 Annual Report – number of registered tax practitioners tops 80,000 & privacy warning

Message from the Chair I am pleased to present the Tax Practitioners Board Annual Report 2016–17, as tabled in Parliament on 27 October 2017. During this year we assisted a larger population of tax practitioners to comply with the Tax Agent Services Act 2009, promoting high professional and ethical standards that protect consumers of tax agent…

Aquatic Air Pty Ltd v Siewert & Anor – non-tax case disagrees with Commr’s GST assessments (denying Air Ambulance supplies were GST-free) and Commr then disagrees with the Court (hmm…)

Outlines the ATO’s response to this case which concerns whether supplies of air ambulance services were GST-free pursuant to subsection 38-10(5) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act)? Brief summary of facts The defendants, Dieter and Lieselotte Siewert (the Siewerts), were the owners of a number of aviation…

Government to review rules for early release of superannuation, including: (1) to members in hardship and (2) to victims of crime as compensation from the perpetrator’s funds

The Minister for Revenue and Financial Services, the Hon Kelly O’Dwyer announced that the Coalition  Government that Treasury will review: the current rules governing early release of superannuation on grounds of severe financial hardship and compassionate grounds. the circumstances in which, superannuation assets should be available to pay compensation or restitution to victims of crime.…

Corporate tax transparency report for 2015–16 – ATO release report for over 2,000 of the biggest companies paying 60% of company tax

On 7 December 2017, the ATO published the corporate tax transparency report for 2015–16 which includes some tax information of more than 2,000 large companies operating in Australia. You can read more about the ‘Transparency Measure‘ and the this Report on the ATO site. Also, many companies provide significantly more detailed information through the Board of Taxation’s Voluntary…