*Albrecht v FCT – Superannuation surcharge held constitutionally valid against WA police officers (police not important enough) [61]

In a test case, the Federal Court has upheld the constitutional validity of superannuation contributions surcharge tax assessments issued to commissioned officers of the WA police force (save for the Police Commissioner himself). The taxpayer, Mr Albrecht, was an Inspector in the WA police force from 1997 to 2006. He was a member of the…

*Parliamentary Trustee of the Parliamentary Contributory Superannuation Fund v FCT – Superannuation contributions surcharge constitutionally valid for Victorian MPs (but contributory fund) [60]

The Full Federal Court has upheld the constitutional validity of superannuation contributions surcharge tax assessments under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 in respect of the Parliamentary Contributory Superannuation Fund for members of the Victorian Parliament under the Parliamentary Salaries and Superannuation Act 1968 (Vic). The taxpayer claimed that the superannuation contributions surcharge…

*Ioppolo & Hesford v Conti – SMSF: surviving trustee not obliged to appoint executor of deceased member as a trustee and he distributed her death benefits to himself despite directions to the contrary in her will [59]

The Supreme Court of Western Australia has held that the surviving trustee of a self-managed superannuation fund (SMSF) was not obliged to appoint an executor of the deceased member [his late wife] as a trustee of the SMSF pursuant to s 17A(3)(a) of the Superannuation Industry (Supervision) Act 1993 (‘SIS Act’). Furthermore, the Court ruled that…

Low income superannuation contribution abolished and SGC increase to 12% deferred 2 years, with Bills to repeal the Mining Tax [58]

The Treasurer on Wed 13.11.2013, introduced into the House of Reps the Minerals Resource Rent Tax Repeal and Other Measures Bill 2013. It proposes to repeal the Minerals Resource Rent Tax Act 2012, Minerals Resource Rent Tax (Imposition – Customs) Act 2012, Minerals Resource Rent Tax (Imposition – Excise) Act 2012, and the Minerals Resource…

CR 2013/83-84 – GST-related Class Rulings: input tax credits of waste contractors [55]

The ATO on Wed 13.11.2013, released the following Class Rulings: CR 2013/83: GST: the amount of input tax credits for creditable acquisitions made by members of the Waste Contractors & Recyclers Association of NSW in respect of supplies from landfill waste disposal facility managers who are liable entities, in relation to the carbon pricing mechanism,…

*ATO interim view on MBI Properties case – No Increasing GST adjustment on sale of apartment GST-free (as no supply by purchaser of reversion) [53]

The ATO on Thur 21.11.2013, released an Interim Decision Impact Statement on the Full Federal Court’s decision in MBI Properties Pty Limited v FCT [2013] FCAFC 112. In that case, the Full Federal Court overturned an earlier decision and unanimously held that a taxpayer, that had purchased 3 residential apartments which were subject to leases,…

*Re Snugfit Australia Pty Ltd and FCT – Supply of sleep apnea product held to be GST-free as an item 82 night-time positioning equipment modification [52]

The AAT has set aside the Commissioner’s decision and held that the supply of a sleep positioning system is GST-free under s 38-45(1) of the GST Act as it was a medical aid. The taxpayer is registered for GST and supplies a sleep positioning product which assists users to control sleep apnea. The product is made…