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

*NFP/Charities Bills pass Senate with 34 Government amendments and now return to the House of Representatives (11)

The Australian Charities and Not-for-profits Commission Bill 2012 and Australian Charities and Not-for-profits Commission (Consequential and Transitional) Bill 2012 have passed the Senate with 34 Government amendments. The Bills now return to the House of Reps for concurrence. The Bills establish a new regulatory system for not-for-profit (NFP) sector, including the new Australian Charities and…

*US IRS delays key FATCA start dates – which is the date by which non-US (foreign) financial institutions are expected to comply (16)

The US Internal Revenue Service (IRS) has postponed the implementation of new rules – in the Foreign Account Tax Compliance Act (FATCA) – requiring participating foreign financial institutions (FFIs) to complete certain FATCA withholding and reporting obligations in respect of their account holders. The new start dates are set out in IRS Announcement 2012-42. [LTN…

*MYEFO 2012-13: monthly PAYG installments for big companies; pension phase assets’ income to remain exempt after death, and other super changes (13)

The Treasurer on Mon 22.10.2012, released the Mid-Year Economic and Fiscal Outlook 2012-13 (MYEFO) revising down the expected Budget underlying cash surplus to id=”mce_marker”.1bn for 2012-13 (down from id=”mce_marker”.5bn estimated in the May 2012 Budget). Mr Swan said the reduction in the estimated surplus has been driven by a further write-down in tax receipts of…

*Medical expenses tax offset – draft legislation to reduce the benefit and then means test the reduced benefit – per the 2012 Budget announcement (10)

The Government Mon 29.10.2012, released exposure draft legislation which proposes to implement the 2012 Budget announcement to introduce a means test for the net medical expenses tax offset from 1 July 2012. Under the proposed new means test, people with adjusted taxable income above the Medicare levy surcharge thresholds ($84,000 for singles and $168,000 for…

Limited recourse debt arrangements: draft legislation released to extend Div 243 to arrangements where in substance the debtor is not fully at risk (9)

The Government on Thur 25.10.2012 released Exposure Draft – Tax Laws Amendment (2012 Measures No 6) Bill 2012 proposing to amend the limited recourse debt provisions in Div 243 of the ITAA 1997. The draft legislation seeks to give effect to the Government’s 2012-13 Budget measure to ensure that the limited recourse debt tax provisions…

*Removing tax impediments for business restructures: draft legislation released (8)

The Government today Fri 12.10.2012, released draft legislation to remove income tax impediments for business restructures. In particular, these changes would seek to amend the ITAA 1997 (principally Div 124) to: provide revenue asset and trading stock roll-overs where interest holders exchange their units in a unit trust for shares in a company; broaden beyond…