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

Miscellaneous tax law, mining tax and resource tax changes: draft legislation [3]

Treasury has released for comment draft legislation and an EM which propose to make miscellaneous tax law amendments, including minor amendments to the Minerals Resource Rent Tax (MRRT) and Petroleum Resource Rent Tax (PRRT) legislation. The amendments seek to ensure the law operates as intended by correcting technical or drafting defects, removing anomalies and addressing…

*COAG project to harmonize directors personal liability for their corporation’s crime: third tranche related to tax crimes – some rights to prosecute dropped [2]

The Parliamentary Secretary to the Treasurer, Tue 14.8.2012 released the 3rd tranche of the proposed personal liability for directors draft legislation and explanatory memorandum for public consultation. Broadly, the draft legislation considers amendments to Commonwealth tax legislation concerning personal criminal liability for corporate default including s 444-15 of the TAA, para 252(1)(j) of the ITAA…

*Tax relief for merging super funds: draft legislation released – reinstating Div 310 with modifications – to allow rollover of all gains and losses (not SMSFs) [1]

The Minister for Financial Services and Superannuation on Fri 3.8.2012 released for public consultation draft legislation to provide income tax relief for merging superannuation funds. This measure provides temporary taxation relief in the form of loss relief and CGT and revenue asset roll-over for merging super funds. The draft legislation proposes to amend the ITAA…

Vic: landholder duty provisions – OSR guidance released [84]

The Victorian Office of State Revenue (OSR) has released the following publications on the new landholder duty provisions which commenced operation on 1 July 2012: Duties Act Bulletin DUT 2/12 (Duties Act 2000 – Landholder provisions); Revenue Rulings: ▪          DA.055 (Obligations on making a relevant acquisition and calculation of duty); ▪          DA.056 (Acquisitions of interests…

Chamber of Commerce v Industry of WA (Inc) v Comr of State Revenue – WA payroll tax: promotion of commerce a charitable purpose, so exemption allowed [81]

The WA Chamber of Commerce and Industry (the taxpayer) has been successful before the WA State Administrative Tribunal in seeking a payroll tax exemption, on the basis that it came within the definition of a charitable body or organisation for the purposes of the Pay-roll Tax Assessment Act 2002 (WA). The Commissioner had refused the…