The ATO on Mon 9.1.2012, released a Decision Impact Statement on the Federal Court’s decisions in Aurora Developments Pty Ltd v FCT [2011] FCA 232 (GST and going concern) and Aurora Developments Pty Ltd v FCT (No 2) [2011] FCA 1090 (penalties for omission of GST amounts). The ATO says its view in GSTR 2002/5…
A taxpayer’s appeal to the Federal Court (in Centrebet Pty Ltd v FCT) concerning GST on monetary prizes paid to non-residents has been finalised and dismissed by consent. The ATO and the taxpayer agreed that the monetary prizes the taxpayer became liable to pay to non-resident entities on the outcome of gambling events during each…
The Assistant Treasurer has released draft regulations implementing the remaining 4 measures of proposed changes to the financial supply provisions of the GST law that were announced in the 2010-11 Federal Budget. The 4 measures are: simplifying the treatment of hire purchase transactions by making them fully taxable; expanding the range of expenses qualifying for…
The ATO has released the Reportable tax position (RTP) early disclosure form 2012 and accompanying instructions. For taxpayers required to lodge a reportable tax position schedule for 2012, the ATO says the early disclosure form enables them to disclose RTPs prior to lodgment of the schedule. For taxpayers completing the RTP early disclosure form, the…
The Tax Office on Wed 11.1.2012, issued this Draft Determination which deals with the issue of when income tax of a private company will be a “present legal obligation” for the purposes of the distributable surplus calculation under s 109Y(2) of Div 7A of Pt III of the ITAA 1936. It provides that if a…
This Ruling, issued on Wed 25.1.2012, states the Commissioner’s view regarding the tax treatment of retail premiums paid to non-participating shareholders in companies for amounts subscribed for shares. Broadly, these schemes involve a company granting rights to its existing shareholders that allow them to subscribe for new shares at an amount (“offer price”). For shareholders…
From March 2003 until 26 May 2004, the GE Capital Corporation (GECC) group undertook extensive planning for a potential initial public offering (IPO) of its global lenders’ mortgage insurance businesses. In Australia, the businesses were conducted by two wholly owned subsidiaries of GE Capital Australia (GECA), GE Mortgage Insurance Pty Ltd (Old GEMI) and its…
The taxpayer has appealed to the Full Federal Court against the decision of Siopis J in Mitsui & Co (Australia) Ltd v FCT [2011] FCA 1423. The Federal Court had dismissed the taxpayer’s appeal and upheld the Commissioner’s disallowance of a deduction made in respect of the part of the consideration the taxpayer attributed to a petroleum production field.…
Thomson Reuters understands that the taxpayer has discontinued its appeal to the Full Federal Court from the decision of Bromberg J in On Call Interpreters and Translators Agency Pty Ltd v FCT (No 3) [2011] FCA 366. In that decision, which now stands, the Federal Court held that interpreters engaged by a business to provide…
The taxpayer has lodged an application for special leave to appeal to the High Court against the decision of the Full Federal Court in Mills v FCT [2011] FCAFC 158. The Full Federal Court had (by majority) confirmed that the “imputation benefit” scheme provisions in s 177EA of the ITAA 1936 applied to cancel franking…