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

*GSTD 2012/D1 – Telecommunications interconnection services to non-resident is GST-free [70]

This Draft Determination says supplies of interconnection services (eg IDD calls, video conferencing, toll-free calling, reverse charge calls) made by an Australian resident telecommunication supplier to a non-resident are GST-free under item 2 in the table in s 38-190(1) of the GST Act if the non-resident is not in Australia when the thing supplied is…

*GSTD 2012/5 – Creditable purpose of retail foreign currency exchange transactions – outbound (GST-free) and inbound (Input Taxed) [69]

This GST Determination, released on Wed 6.6.2012, sets out the Commissioner’s views on the creditable purpose of acquisitions relating to currency exchange transactions by an entity carrying on an enterprise of retail foreign exchange services in Australia and is registered for the GST. Generally, the Determination states that acquisitions related to an entity’s retail foreign…

*MTAA Superannuation Fund (R G Casey Building) Property Pty Ltd v FCT – Taxpayer loses appeal – pre-GST lease not GST-free because of rent review [67]

In a decision handed down on Wed 20.6.2012, the Full Federal Court has dismissed a taxpayer’s appeal from an AAT decision that had denied the taxpayer’s claim that supplies made under amended pre-GST leases during the relevant periods were GST-free pursuant to s 13 of the GST Transition Act. The taxpayer had claimed refunds totalling…

*Tax and Superannuation Laws Amendment (2012 Measures No 1) Bill 2012 – Act No 75 of 2012 – power to hold back ‘high risk’ GST refunds [65]

Tax and Superannuation Laws Amendment (2012 Measures No 1) Bill 2012 – was enacted as Act No 75 of 2012 and contains amendments concerning: giving the Commissioner discretion to withhold “high risk” GST refunds; GST-free health supplies; GST treatment of appropriations; pause indexation of super concessional contributions cap; provide a refund option for excess super…

Draft Regulations released so credit unions do not lose their reduced input tax credits for credit union services after they re-brand as banks [64]

In the 2012-13 Budget, the Government announced that it would amend the GST law to ensure that credit unions do not lose access to a reduced input tax credits for credit union services when they rebrand as banks but otherwise do not change their corporate structure. A draft regulation to amend the GST Regulations has…

2012 ATO guidance to employees in various Industries in filling out their Income Tax Returns [62]

Airline employee 2011-12 Australian Defence Force members 2011-12 Building workers 2011-12 Cleaners 2011-12 Factory workers 2011-12 Hairdressers 2011-12 Hospitality industry employees 2011-12 Income averaging for special professionals 2011-12 Journalists 2011-12 Lawyers 2011-12 Nurses 2011-12 Performing artists 2011-12 Police officers 2011-12 Real estate employees 2011-12 Shop assistants 2011-12 Teachers 2011-12 Truck drivers 2011-12 [LTN 124, 29/6]