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

EK Anderson Investments Pty Ltd ATF CACS Property Trust v Chief Comr of State Revenue – NSW land tax: taxpayer under obligation to inform Commissioner of special trust [77]

The NSW Administrative Decisions Tribunal has affirmed the Commissioner’s decision to reassess a taxpayer for land tax for the 2007 to 2011 land tax years on the basis that the subject land was held by a special trust and that the taxpayer was not entitled to the tax-free threshold which had previously been allowed. The…

*IGOT report – ATO use of early and alternative dispute resolution practices – ATO agrees with 14 of the 21 recommendations for it [75]

The Government on Tue 31.7.2012, released the Inspector-General of Taxation’s report examining the effectiveness of the ATO’s dispute resolution practices including early dispute resolution and alternative dispute resolution (ADR). The Inspector-General observed that, at a high level, the ATO was committed to engaging with taxpayers to resolve disputes earlier. However, he also identified some areas…

ATO guides and factsheets: MRRT & PRRT [73]

The Tax Office has released the following guides on the MRRT and PRRT: Notification of change to minerals resource rent tax (MRRT) registration Consolidation for MRRT purposes Notification of choice made to consolidate for MRRT Administrative decisions – nil rate determinations re instalments for MRRT ATO’s administrative approach to PRRT Who PRRT affects Introduction to…

TR 2012/6 – Superannuation fund deductions for disability insurance premiums [69]

This Ruling, released on Wed 7.7.2012, sets out the Commissioner’s views on the deductibility of premiums paid by complying superannuation funds for insurance policies which provide total and permanent disability (TPD) cover for members. The Ruling was previously released as Draft Ruling TR 2011/D6. For a TPD insurance premium to be deductible, s 295-465(1) of…