The AAT has found that a taxpayer has failed to satisfy the burden of proving that she was carrying on an enterprise under s 9-20 of the GST Act for the period 1 August 2008 to 30 June 2010. Accordingly, the AAT affirmed the Commissioner’s decision to deny the taxpayer’s claims for input tax credits,…
The AAT has affirmed the Commissioner’s decision to disallow the taxpayer’s objection to various GST and income tax assessments. The taxpayer is registered for GST and runs a taxi business, although he has no direct involvement in running the business instead leaving that to his brothers. The case concerned the ascertainment of the taxpayer’s income…
The Federal Court has dismissed appeals by taxpayers concerning the Commissioner’s decision to disallow an objection to a notice of assessment for the payment of GST regarding properties sold. The matter concerned husband and wife taxpayers who entered into an agreement with a third party to develop and construct a real estate project. The husband…
The AAT has affirmed the Commissioner’s objection decisions disallowing the taxpayers’ objections to private rulings concerning second-hand aircraft acquired before 1 July 2000. The AAT decisions concerned 2 matters. The AAT noted that although the taxpayers in the 2 matters were different entities, the applications were heard concurrently because of the extensive overlap of the…
The AAT has held that certain “incentive” payments by motor vehicle manufacturers and distributors were not consideration for a supply, with the result that overpayments of GST had been made by the taxpayer. The taxpayer in this case is the GST representative member of a group of companies engaged in motor vehicle dealerships selling new…
The A New Tax System (Goods and Services Tax) Amendment Regulation 2012 (No 1) was registered on the Federal Register of Legislative Instruments on 29 May 2012. It amends the GST Regulations to: (i) treat all components of a hire purchase transaction as taxable supplies; (ii) extend the availability of reduced input tax…
The ATO has advised tax professionals that the PAYG withholding summary annual reports must be lodged by 14 August 2012. However, it says tax professionals with clients who meet certain criteria may be eligible to lodge their report by the due date of their return. The ATO says to be eligible for the lodgment concession,…
In November 2011, the Federal Parliamentary Joint Committee of Public Accounts and Audit (JCPAA) tabled its Report 426: Ninth Biannual Hearing with the Commissioner of Taxation. The Government’s response to 2 recommendations of that Report was released on Tue 24.7.2012. The Report’s recommendations included that: ATO notifications to Government flagging potential tax policy or legislative…
The ATO has advised that it has released a new version of its Income tax guide for non-profit organisations which replaces the previous version. It said the guide is only available online and includes detailed information on: types of entities which can self-assess their income tax status; steps on working out whether an organisation is…
The Commissioner has announced that current Second Commissioner Law, Jennie Granger, has been appointed to the position of Director-General Compliance and Enforcement at Her Majesty’s Revenue and Customs (HMRC) based in London. This role is responsible for educating and supporting those who need help in meeting their tax obligations, for taking action to bring in…