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

*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…

*Carbon Tax – Bills introduced to link carbon price with EU and to remove the price floor [67]

A package of 7 Bills was introduced in the House of Reps on Wed 19.9.2012. The Bills make amendments that cover: arrangements to facilitate the linking of Australia’s carbon pricing mechanism to other countries’ emissions trading schemes, including the EU ETS; the removal of the price floor and repeal of the Clean Energy (International Unit…

*30% super contributions tax for taxpayers above $300,000 – extra 15% to be levied on the individual – per ATO [64]

The ATO Assistant Commissioner Superannuation, Stuart Forsyth, said that the proposed increase in the superannuation contributions tax for high income earners is likely to be levied on the individual (rather than at the fund level). This was at a keynote address to The Institute of Chartered Accountants in Australia National SMSF Conference in Sydney on…

APRA announces consultation on increased reporting requirements for the superannuation funds it regulates [63]

APRA on Wed 19.9.2012, released for consultation a discussion paper outlining its proposed revised reporting requirements for APRA-regulated super funds. The consultation package includes 31 draft reporting forms and instructions. APRA said the package outlines a substantially larger data collection than is currently in place for the superannuation industry. APRA’s proposed reporting requirements implement the…

Superannuation Roundtable agrees on better promote the small business clearing house [62]

The Minister for Financial Services and Superannuation on Fri 7.9.2012, announced that in the fourth meeting of the Superannuation Roundtable, the representatives have agreed to a proposal to better promote the Government’s small business clearing house. Mr Shorten said the Government’s super clearing house reduces red tape for around 32,000 small businesses (usually with between…

*DIS – Senior public servants not senior enough to escape Superannuation Surcharge on constitutional grounds established in Clarke [61]

The ATO has issued Decision Impact Statements on the following cases: – in these cases, the AAT basically confirmed that AAT Case [2012] AATA 451, Re Walsh and FCT; AAT Case [2012] AATA 452, Re Wilson and FCT; AAT Case [2012] AATA 453, Re Bridge and FCT3 senior South Australian public servants were personally liable…