The ATO on Wed 27.11.2013, issued the following Class Rulings: CR 2013/91: Treatment of transfer payments to employees of Macquarie Generation following the sale of business to a private sector entity. It applies from Wed 27.11.2013 to 30 June 2014. The Ruling states that the proposed transfer payment made in accordance with the scheme described in the…
The ATO on Wed 20.11.2013, issued Product Ruling PR 2013/21 (Macquarie Almond Investment 2008 – Early Growers (to 15 June 2008)). The Ruling applies to Growers that enter into the scheme as described in the Ruling on or after 12 March 2008 and on or before 15 June 2008. The Ruling states that the Commissioner will exercise his discretion for the 2012-13…
The ATO on Wed 13.11.2013, released the following Class Rulings: CR 2013/85: FBT: clients of YourCarLog Pty Ltd who use the YourCarLog.com Logbook Report. It applies from 1 April 2013. Broadly, the Ruling outlines the conditions under which the logbook report will enable the logbook method under Subdiv 28-F of the ITAA 1997 to be used. It…
The ATO, on Wed 6.11.2013, issued the following Class Rulings: Class Ruling CR 2013/78: FBT and income tax: employer contributions to the ReddiFund. According to the Ruling, the payment of a contribution to the ReddiFund by an employer pursuant to an “industrial instrument”, as that term is defined in s 136(1) of the FBTAA, will be…
This Draft Ruling, released on Wed 13.11.2013, outlines the tax effect under s 44 of the ITAA 1936 and Div 7A of Pt III of the ITAA 1936 of private companies paying money or transferring property in satisfaction of Family Court orders in matrimonial property proceedings under s 79 of the Family Law Act 1975. Broadly, the Draft…
The ATO on Fri 22.11.2013, released Decision Impact Statements on the following cases: Sanctuary Lakes Pty Ltd v FCT [2013] FCAFC 50 – In that case, the Full Federal Court unanimously dismissed the taxpayer’s appeal against an AAT decision on the substantive issue and confirmed that the taxpayer was not entitled to deductions for over…
This Ruling, released on Wed 27.11.2013, sets out the Commissioner’s views on the interpretation of aspects of s 23AG(1AA) of the ITAA 1936. It applies to Australian resident individuals serving in a foreign country as an employee or officeholder. The Ruling was previously issued as Draft Taxation Ruling TR 2013/D3 and is largely unchanged. It specifically…
The ATO on Fri 15.11.2013, released Decision Impact Statements on the following: Intoll Management Pty Ltd v FCT [2012] FCAFC 179 – In that case, the Full Federal Court unanimously allowed the taxpayer’s appeal and held that dividends of id=”mce_marker”83m paid to the taxpayer by companies incorporated in Luxembourg were excluded from assessable income by…
The taxpayer has lodged an application for an extension of time in which to lodge an appeal against the decision of Besanko J in Roberts v DCT [2013] FCA 1108. In that case, the Federal Court granted judgment for the Commissioner concerning outstanding tax debts of the taxpayer (default assessments were issued to amend the taxpayer’s…
The South Australian Supreme Court has allowed an appeal and reduced the amount payable by a company to its accountants following the company’s claim that its accountants were negligent concerning the preparation of certain of its BASs. The respondent in this case is an accountancy firm which had been retained by the appellant, Thalia Corporation…