Multinationals erode our ‘tax base’ and create ‘stateless income’ – according to the Assistant Treasurer [13]

At The Tax Institute’s 2013 National Convention in Perth on Fri 15.3.2013, the Assistant Treasurer gave a speech on the Government’s attempts to counter profit shifting and international tax avoidance. He said that, left unchecked, profit shifting and international tax avoidance was “a threat to our sovereign right to tax and to raise the revenue…

Treasury updates Forward Work Program on tax measures [15]

Treasury has released the March 2013 update of its Forward Work Program – Consultation on Tax (Including Superannuation) Measures. It sets out the timetable for current and proposed consultation on tax and superannuation measures. Measures listed include those dealing with PAYG monthly instalments for large companies, GST refund restrictions, non-cash benefit rules, bad debts and related party…

Australia/Saudi Arabia DTA in prospect [16]

The Australian Trade Commission says Australia has registered strong interest in an early resumption of Australia-Gulf Cooperation Council Free Trade Agreement talks, according to the Saudi Arabia-Australia Joint Ministerial Commission communiqué. The Commission also said Saudi Arabia has expressed interest in a Double Taxation Agreement between the 2 countries. The communiqué covered other areas, including agriculture.…

Fortescue Metals Group Limited & Ors – High Court transcript of 3 day hearing in constitutional challenge to the Minerals Rent Resource Tax released [18]

The High Court has released transcripts of the appeal by Fortescue Metals Group Limited & Ors as to the constitutional validity of the Minerals Resource Rent Tax. The transcripts for each of the three days of the hearing are HCATrans 41 (6 March 2013), [2013] HCATrans 42 (7 March 2013) and [2013] HCATrans 43 (8 March 2013).

[LTN 54, 20/3/13]

 

Bell v FCT – Full Federal Court confirms net asset value test failed – credit balance didn’t ‘off-set’ excluded housing loan, and $2m loan not a related liability [22]

In a unanimous decision, the Full Federal Court has confirmed that a family trust failed the maximum net asset value (MNAV) test for the purposes of accessing the CGT small business concession in respect of a $6m gain made by the trust to which the taxpayer beneficiary was presently entitled. In doing so, the Court…