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

Kolya v Tax Practitioners Board – Federal Court refuses stay of decision to reject tax agent registration [TPB2]

The Federal Court has refused an applicant’s Interlocutory Application that sought a suspension or stay of an AAT decision which affirmed a Tax Practitioners Board decision to reject his application for transitional registration as a tax agent and to terminate his registration as a BAS Agent, or, in the alternative, an interlocutory injunction preventing that…

*Tax agents regime – regulations registered to extend deferral in applicaton to financial planners – until 30 June 2013 [TPB3]

The Tax Agent Services Amendment Regulation 2012 (No 1) was registered on the Federal Register of Legislative Instruments on Wed 30.5.2012. It amends the Tax Agent Services Regulation 2009 to extend the deferral of the application of the tax agent services regime to holders of Australian Financial Services Licenses until 30 June 2013. The current…

*Board of Taxation to investigate the OECD approach of attributing profit to ‘permanent establishments’ – the ‘functionally separate entity approach’ [BT2]

The Assistant Treasurer on Thur 24.5.2012, announced that he had commissioned the Board of Taxation to investigate the impacts of Australia adopting the Authorised OECD Approach in respect of the attribution of profits to permanent establishments. He said the OECD endorsed the “functionally separate entity approach” in 2010, which differs from the method for attribution…

Board of Taxation to review Div 7A – post implementation after summit said it was a ‘thorny’ issue – simplify whilst maintaining integrity? [BT1]

The Assistant Treasurer on Fri 18.5.2012, announced that the Government had asked the Board of Taxation to undertake a post-implementation review of Division 7A of Pt III of the ITAA 1936 [which deems certain payments and loans out of private companies to be un-frankable dividends]. Since its introduction in 1997, Div 7A has been subject…

FCT v Interhealth Energies Pty Ltd as Trustee of the Interhealth Superannuation Fund (No 2) – SMSF trustee ordered to pay compound interest for breach of enforceable undertaking [Su5]

The Federal Court has on Fri 18.5.2012, ordered the trustee of a self-managed superannuation fund (SMSF) to pay compound interest for breaching an enforceable undertaking under s 262A of the SIS Act. The corporate trustee of the SMSF (Interhealth Energies Pty Ltd) had given an enforceable undertaking to the Commissioner under s 262A of the…