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

*Re Tung and Tax Practitioners Board – AAT held that the Board’s decision to de-register the Tax Agent was not excessive and was affirmed [77]

In a decision handed down Fri 14.9.2012, the AAT has affirmed a decision of the Tax Practitioners Board to terminate the applicant’s registration as a tax agent and declare that he could not apply for registration as a tax agent or BAS Agent for a period of 3 years. The AAT said that in February…

*Code of Professional Conduct: Tax Board Draft Information Sheets on ‘reasonable care’ requirements [75]

The Tax Practitioners Board (TPB) on Fri 14.9.2012, issued for comment the following Draft Information Sheets: (Code of Professional Conduct – reasonable care to ascertain a client’s state of affairs) – covers Code Item 9. Under Code Item 9, registered tax and BAS agents must take TPB(I) D15/2012reasonable care in ascertaining a client’s state of…

Qualification requirements for “non-accountants”: TPB Information Sheet [74]

The Tax Practitioners Board (TPB) has issued Information Sheet TPB(I) 14/2012 (Tertiary qualifications in a discipline other than accountancy for tax agents). Item 202 in Sch 2 of the Tax Agent Services Regulations 2009 (TASR) contains 1 of the 6 options for meeting the qualifications and experience requirements for registration, including renewal of registration, as…

Tax Commissioner to be scrutinized at annual JCPAA public hearing [73]

The ATO will be closely scrutinised when the Commissioner of Taxation fronts Federal Parliament’s Joint Committee of Public Accounts and Audit (JCPAA) on Fri 14.9.2012, at Parliament House in Canberra. The ATO will be joined by the Auditor General, the Inspector-General of Taxation, the Commonwealth Ombudsman, and representatives from small business and tax professional organisations.…

*Board of Taxation seeks written submissions for its post-implementation review of the consolidation regime and issues a discussion paper [71]

The Board of Taxation is inviting written submissions to assist in developing its advice to the Treasurer on certain aspects of the tax cost setting process, as well as certain other aspects of the consolidation regime. The scope of this review covers: the treatment of certain types of liabilities held by an entity joining a…

*Board’s reports into the Tax Design Review Panel’s recommendations and TIES – and Asst. Treasurer’s speech admitting there is more they could do [70]

The Assistant Treasurer on Fri 7.9.2012, delivered a speech on the Government’s tax reform agenda and the role of consultation. The Assistant Treasurer also released 2 Board of Taxation reports on the Post-Implementation Review of the Tax Design Review Panel’s Recommendations and the Review of the Tax Issues Entry System. Key points made by the…

Government says it can’t comply with a Senate order for MRRT information presented by the Shadow Assistant Treasurer [69]

Following a motion presented by Senator Cormann, and agreed to by the Senate on 17 September 2012, the Government was ordered to produce and table documents in the Senate concerning the Minerals Resource Rent Tax (MRRT). The information sought related to the costing of the MRRT over the forward estimates and specifically sought the cost…

TA 2012/6 – ATO warns on offshore emission unit schemes, which may not exist, and a 100% deduction is claimed despite paying only a small portion to a tax haven [68]

The ATO is warning people to be cautious about arrangements promoting the generation of deductions from the purchase of offshore “emission units” that do not exist at the time of the arrangement. In issuing Taxpayer Alert TA 2012/6 on Tue 25.9.2012, the ATO says it believes many of these arrangements may not be legitimate, and…