In a decision handed down on Fri 20.9.2013, the AAT affirmed the Commissioner’s decision refusing a taxpayer’s claim for tax deductions for the relevant year. In doing so, it also affirmed the imposition of 50% penalty on the shortfall amount for “recklessness”. The taxpayer’s tax return for the 2011-12 tax year was lodged with the…
The AAT has affirmed the Commissioner’s decision that lump sum payments received by a taxpayer that was connected to a pension paid by the UK Government was ordinary income in her hands and therefore should be assessed accordingly. The taxpayer was in receipt of a pension from the UK Government. The taxpayer’s pension was connected…
The AAT has affirmed the Commissioner’s decision to assess a taxpayer in 2008 on 50% of the net capital gain arising from the sale of a town-house. It did so on the basis that the interest in the town-house was not held on trust for his son, and the principle place of residence exemption did…
In a Project Wickenby matter, the AAT has ordered that certain documents be released to the taxpayers and that the Commissioner conduct a further review of his position and determine what further documents should be released to the taxpayers. The AAT said the proceedings were applications for review of decisions made in respect of requests…
In a decision handed down on Thur 5.9.2013, the AAT has refused a taxpayer an extension of time in which to seek a review of an objection decision made by the Commissioner, concerning disallowance of a credit for withheld PAYG and other expenses. In relation to his 2011 tax return, the Commissioner had disallowed the…
The AAT has affirmed the Commissioner’s decision denying a taxpayer’s deduction claims for work-related expenses, self-education expenses, and depreciating assets, for the 2002 to 2010 income tax years. The taxpayer, who worked as a network engineer, claimed deductions for self-education expenses and work-related expenses. The latter mainly consisted of home office occupancy and running expenses.…
The AAT has ruled that a Chinese company, which made a capital gain of some $4m in the 2007 income year, when it sold 75% of its 21.4% shareholding in an Australian company (“Abra”), was not taxable on that gain. Abra carried on a business of mining exploration and development in Australia. The decision to…
The AAT has affirmed the Commissioner’s decision to deny a taxpayer wine producer rebates under the WET regime for the March 2010 and June 2010 quarters and impose a 25% shortfall penalty. It did so on the basis that the taxpayer was an associate producer of a related third party. The taxpayer was a producer of rebatable wines for…
The AAT has made decisions concerning amended assessments issued to 2 taxpayers which it said were connected in some way with one or more companies in a company group. The first taxpayer was an employee of the company group. The second taxpayer was married to the director of the company group. (They are now separated.)…
The Federal Court has found the imposts under s 163AA of the Electricity Industry Act 1993 (Vic) paid by a taxpayer to the State Treasurer (Vic) were not deductible under s 8-1 of the ITAA 1997 for the relevant years. The taxpayer derived assessable income from providing access to its electricity transmission network in Victoria and held…