*Re Floorplay Pty Ltd and FCT – Fishing crew members were employees, not contractors (despite ‘share of the catch’ clause); SGC liability affirmed [44]

The AAT has held that “crew members” of commercial fishing vessels were employees of a taxpayer and were not independent contractors as contended, and therefore the taxpayer was liable to pay superannuation guarantee charge. In the 2010 and 2011 financial years, the taxpayer engaged masters and deckhands (the “crew members”) to crew 4 commercial fishing…

*GST- AP Group Ltd v FCT: motor vehicle incentive payments – taxpayer’s and Commissioner’s appeals dismissed [40]

The Full Federal Court has dismissed the taxpayer’s appeal and the Commissioner’s cross-appeal in a matter concerning the GST liability of a dealer for the sale of motor vehicles. In AAT Case [2012] AATA 409, Re AP Group Ltd and FCT (2012) 83 ATR 493, a dealership sold motor vehicles under a floor plan arrangement.…

*GST: no creditable acquisition made, so input tax credits refused [37]

The AAT has affirmed a decision of the Commissioner to refuse a taxpayer’s claim for input tax credits (ITCs) claimed for the relevant period, but reduced the penalty imposed on the shortfall amount. The taxpayer conducted a product development and commercialisation business. It contended that, pursuant to 2 agreements, it purchased intellectual property and debtors…

Rio Tinto signs tax compliance arrangement with ATO [35]

Thomson Reuters has confirmed with Rio Tinto that the company has entered into a compliance arrangement with the ATO which covers its corporate income tax obligations. Rio Tinto said the agreement signed on Wed 18.9.2013, strengthens its commitment to strong governance standards in taxation and is consistent with its commitment to transparency. “Australia’s leading companies…