John Morgan is a tax specialist lawyer of more than three decades experience now practicing at the Victorian Bar - w: www.FJMtax.com e: f.john.morgan@vicbar.com.au

*Sea Shepherd Australia Ltd v FCT & Anor – taxpayer not DGR – did not provide direct care to animals (not just wildlife) that have been mistreated etc. [24]

In a 2:1 majority decision handed down on Wed 3.7.2013, the Full Federal Court (Dodds-Streeton J dissenting) affirmed the Commissioner’s decision that Sea Shepherd Australia was not entitled to be endorsed as a deductible gift recipient (DGR). The Commissioner had determined that Sea Shepherd’s activities did not satisfy para (a) of Item 4.1.6 in s 30-45 of…

*FBT statutory formula method for calculating motor vehicle benefits will be abolished to partly fund the earlier conversion of the Carbon Tax into an ETS [16]

The Prime Minister and the Treasurer on Tue 16.7.2013, formally announced that the Government would bring forward the start date of emissions trading to 1 July 2014. From that date, a floating price on carbon will apply. Under the previous arrangements, the carbon price was to be $25.40 per tonne from 1 July 2015. Under a floating price, the…

*Emissions Trading Scheme with flexible (market linked) price to commence one year early – PM and Treasurer announce [15]

The Government has announced that it will move to an emissions trading scheme a year earlier on 1 July 2014 and that the fixed price of carbon will be replaced with a floating [market based] price from that date. Finance Minister Penny Wong said the Government would need to legislate ahead of the 2014-15 start of the…

*Australian-Mauritius and Australian-Turkey tax Double Tax Agreements enter into force as Australian laws [7]

The Assistant Treasurer has gazetted a notice, under s 4A of the International Tax Agreements Act 1953, specifying that the allocation of tax rights regarding the income of certain individuals and establishing a procedure in regards to transfer pricing adjustments between Australia and Mauritius entered into force on 31 May 2013. In addition, a notice was also gazetted…

*Investment Manager Regime – third and final element: updated draft legislation for comment by 13 September 2013 [9]

The Government on Wed 31.7.2013, released for comment updated draft legislation for the third and final element of the Investment Manager Regime [in Div 842 of the ITAA97]. The Government said the exposure draft builds on industry consultation including submissions received on an earlier exposure draft released in April 2013. While the necessary integrity aspects of the…

PRRT amending regulation to extend pricing framework to onshore petroleum projects [3]

The Petroleum Resource Rent Tax Assessment Amendment Regulation 2013 (No 1) was registered on the Federal Register of Legislative Instruments on 28 June 2013. It amends the Petroleum Resource Rent Tax Assessment Regulations 2005, which provide a framework for determining the value of project gas for Petroleum Resource Rent Tax (PRRT) purposes in cases where it is…