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

Senate committee report on NFP/Charities Bills tabled [11]

The Senate Community Affairs Legislation Committee tabled its report on Wed 12.9.2012, in the Senate on the Australian Charities and Not-for-profits Commission Bill 2012, Australian Charities and Not-for-profits Commission (Consequential and Transitional) Bill 2012 and the Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012. The Committee noted that the Government had adopted the…

Charities and NFP Bills: Senate Community Affairs Legislation Committee releases transcript of its public hearing on 4 September 2012 [10]

The Senate Community Affairs Legislation Committee is currently conducting an inquiry into the Australian Charities and Not-for-profits Commission Bill 2012, Australian Charities and Not-for-profits Commission (Consequential and Transitional) Bill 2012 and the Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012. The Committee has now released the transcript of its public hearing held on…

Divided House of Reps Committee recommends NFP/charities Bills be passed without amendment or delay – but with some other recommendations [9]

On Mon 10.9.2012, in the House of Reps, the report was tabled of the Parliamentary Joint Committee on Corporations and Financial Services inquiry into the Australian Charities and Not-for-profits Commission Bill 2012, Australian Charities and Not-for-profits Commission (Consequential and Transitional) Bill 2012 and the Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012. The…

*Legislation introduced to rename the Federal Magistrates Court as the Federal Circuit Court of Australia [7]

The Federal Circuit Court of Australia Legislation Amendment Bill 2012 was introduced in the House of Reps, on Thur 20.9.2012. It amends the Federal Magistrates Act 1999 and other legislation to rename the Federal Magistrates Court as the Federal Circuit Court of Australia, and to change the title of Chief Federal Magistrate to Chief Judge…

*Investment Manager Regime Bill receives Assent – ‘FIN 48’ (Element 1) for 2010-11 and earlier years – ‘conduit income’ (Element 2) for 2010-11 and subsequent years [4]

The Tax Laws Amendment (Investment Manager Regime) Bill 2012 received Royal Assent on Thur 13.9.2012, as Act No 126 of 2012. The Bill had passed all stages without amendment and contains the first 2 elements of the Government’s Investment Manager Regime – the FIN 48 measures or “Element 1” of the IMR and the “conduit…

Directors’ liability reform in line with COAG harmonization and relief principles – Commonwealth Bill introduced [5]

The Personal Liability for Corporate Fault Reform Bill 2012 was introduced in the House of Reps on Wed 19.9.2012. It implements the Council of Australian Governments’ (COAG) Directors’ Liability reform, which aims to harmonise the imposition of personal criminal liability for corporate fault across Australian jurisdictions. The amendments proposed to be made by this Bill…

*Transfer Pricing Bill that is retrospective back to 2004 gets Royal Assent on 8 September 2012 [3]

The Tax Laws Amendment (Cross-Border Transfer Pricing) Bill (No 1) 2012 received Royal Assent on 8 September 2012 as Act No 115 of 2012. It had passed all stages without amendment and makes retrospective amendments with effect from 1 July 2004 to confirm that transfer pricing rules contained in Australia’s tax treaties and incorporated into…