SG amnesty 7 Sept 2020 deadline – recognising the COVID chaos, the ATO has prepared ‘pathways’ for businesses seeking payment plans (but will that include extending self-audit time?)

On 5 August 2020, the Assistant Minister for Superannuation: Jane Hume, issued a media release signalling that the ATO is aware that deadline for the Superannuation Guarantee Amnesty is approaching (7.9.20) at a time when the economy is reeling from the effects of the COVID pandemic, the restrictions and the ensuing economic turmoil and damage.…

PS LA 2020/D1 – Super guarantee charge amnesty ending 7 September 2020 – Commissioner’s guidance to staff on remission of additional 200% penalty post-amnesty

On 30 July 2020, the ATO released Draft PS LA 2020/D1, setting out proposed guidelines on the remission of additional super guarantee charge (SGC) after the SG amnesty ends on 7 September 2020. Under Pt 7 of the Superannuation Guarantee (Administration) Act 1992 (SGAA), this additional SGC (Part 7 penalty) is up to 200% of the SGC…

Bell v TPB – TPB publicises its victory in the AAT (upholding their decision to deregister an agent, for want of compliance in his own affairs) but is the TPB independent enough to be doing this?

On 3 August 2020, the Tax Practitioners Board (TPB) posted an article pointing to it’s decision to terminate the registration of at tax agent: Mr Duncan Bell, for not complying with his own tax affairs (this decision was upheld in the AAT, in a decision made on 14 July 2020 and reported on 23 July…

Tax Practitioners Board v Hacker – unregistered director also guilty of unregistered practice, for providing ‘tax agent services’ through an unregistered company

In two related cases, the Federal Court has held that, when an unregistered individual provides ‘tax agent services’ (or BAS services) on behalf of an unregistered company, which charges a fee, the individual also contravenes the Tax Agents Services Act 2009 (TASA), having also provided the services for ‘fee or other reward’. See below for…

JobKeeper 2.1 and JobKeeper 1.1 changes – the Government remains ‘nimble’ – but there is much to consider

The Tax Institute’s Senior Advocate: Robyn Jacobson published her ‘Report’ entitled JobKeeper 2.1: a nimble response, in the Institute’s Friday publication: TaxVine (No. 31 on 14.8.20). This tracks the most recent changes to JobKeeper, prompted largely by the ‘2nd Wave’ of COVID-19 in Victoria and the introduction of severe ‘Stage 4’ restrictions here – badly damaging…

CofT v Addy – “Backpacker tax” applies to British national who was an Australian tax resident on a ‘working visa’

On 6.8.20, the Full Federal Court has allowed the ATO’s appeal against a decision that the so-called “backpacker tax” did not apply to a British national who was a tax resident of Australia because of a non-discrimination clause in the Australia-UK DTA. See below for further details. [Tax Month – August 2020]     The…

Age retirement rule is probably illegal – implications for professional service firms in light of action of Deloitte partner forced to retire at age 62

On Friday 7.8.20 the Australian Financial Review’s reporters Hanna Wootton and Edmund Tadros posted an article entitled Age retirement partners rule is illegal: experts. It assesses the future of age based requirements for partners in professional forms to retire at certain ages, in wake of the recent claim by a former Deloitte partner, forced to retire…