*IGOT report – ATO use of early and alternative dispute resolution practices – ATO agrees with 14 of the 21 recommendations for it [75]

The Government on Tue 31.7.2012, released the Inspector-General of Taxation’s report examining the effectiveness of the ATO’s dispute resolution practices including early dispute resolution and alternative dispute resolution (ADR). The Inspector-General observed that, at a high level, the ATO was committed to engaging with taxpayers to resolve disputes earlier. However, he also identified some areas…

ATO guides and factsheets: MRRT & PRRT [73]

The Tax Office has released the following guides on the MRRT and PRRT: Notification of change to minerals resource rent tax (MRRT) registration Consolidation for MRRT purposes Notification of choice made to consolidate for MRRT Administrative decisions – nil rate determinations re instalments for MRRT ATO’s administrative approach to PRRT Who PRRT affects Introduction to…

TR 2012/6 – Superannuation fund deductions for disability insurance premiums [69]

This Ruling, released on Wed 7.7.2012, sets out the Commissioner’s views on the deductibility of premiums paid by complying superannuation funds for insurance policies which provide total and permanent disability (TPD) cover for members. The Ruling was previously released as Draft Ruling TR 2011/D6. For a TPD insurance premium to be deductible, s 295-465(1) of…

*Re Walsh and FCT; Re Wilson and FCT; Re Bridge and FCT – AAT confirms no immunity from super surcharge for senior SA public servants [68]

In 3 related cases, the AAT has confirmed that 3 senior South Australian public servants were personally liable for the superannuation surcharge liability in respect of their “constitutionally protected superannuation funds”. This was despite their claims that, in accordance with the decision of the High Court in Clarke v FCT (2009) 72 ATR 868, they…

*Parliamentary Trustee of the Parliamentary Contributory Superannuation Fund v FCT – Superannuation contributions surcharge assessments upheld [67]

The Federal Court has upheld superannuation contributions surcharge tax assessments under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (SCTAC Act) in respect of the Parliamentary Contributory Superannuation Fund for members of the Victorian Parliament under the Parliamentary Salaries and Superannuation Act 1968 (Vic). The taxpayer claimed that the superannuation contributions surcharge (tax) assessments…