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

Certain clinical trials to be accepted as core R&D activity – draft determination and explanatory statement for consultation

On Thur 20.1.2022, the Government released for consultation the draft Industry Research and Development (clinical trials, Phase 0, I, II, III for an unapproved therapeutic good) Determination 2021. This is relevant for the development of medical products (particularly new products). By way of background, to register for the R&D tax regime, companies must conduct or…

OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations – guidance on the application of the “arm’s length principle”

20/01/2022 – The OECD released the 2022 edition of the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations. The OECD Transfer Pricing Guidelines provide guidance on the application of the “arm’s length principle”, which represents the international consensus on the valuation, for income tax purposes, of cross-border transactions between associated enterprises. In today’s economy…

IGTO invites submission on its 3 investigation – ATO’s management of objections; exercise of its general powers of administration; and exercise of the Remedial Power

The Inspector General of Taxation is conducting 3 investigations and seeking submissions on the ATO’s (1) management of objections;  (2) exercise of its (unappealable) general powers of administration; and  (3) exercise of the Remedial Power. Submissions are due by 28 March and also 28 February 2022.   (1)  The ATO’s Management of Objections. The IGTO…

Actuaries’ suggestions to improve the ATO’s ‘MySuper’ comparison tool and extend it to ‘choice’ funds

On Friday 21. January 2022, the Institute of Actuaries of Australia released its submissions suggesting possible improvements to the ATO’s YourSuper Comparison Tool. The Institute said it supports the online Comparison Tool, but its key suggestions include: (i) splitting out investment and administration fees; (ii) initial ranking by net investment performance (not by fees); and…

R v Kinghorn – Prosecuting authorities allowed to use s264 information – compelled as part of a ‘Project Wickenby’ examination

The NSW Court of Criminal Appeal has held that prosecuting authorities were able to use information obtained 12 years earlier, in an examination of an individual under s264 of the ITAA 1936, in the course of prosecuting the taxpayer for various dishonesty related offences. The s264 examination arose in the course of the Commissioner’s ‘Project Wickenby’…