*Commissioner appeals AAT loss in Re Dickinson and FCT; Re Fabig and FCT – where it was held that the taxpayers were entitled to scrip-for-scrip relief [25]

The Commissioner has appealed to the Federal Court against the decisions in 2 AAT cases that had identical circumstances – AAT Case [2013] AATA 25, Re Dickinson and FCT, and AAT Case [2013] AATA 26, Re Fabig and FCT. The AAT had held that 2 taxpayers in identical circumstances were entitled to scrip-for-scrip roll-over relief…

Tax Month - February 2013

*Confidentiality of tax information to be wound back for multinationals – Government announces plans [7]

The Government on Mon 4.2.2013, announced it would alter the confidentiality of tax information rules for large and multinational businesses so they would be forced to publicly disclose Federal taxes they pay. The Assistant Treasurer said the move was to implement the Government’s intention “to improve the transparency of Australia’s business tax system”. “Large multinational…

Tax Month - February 2013

*Monthly tax instalments by large companies: consultation paper released [9]

The Assistant Treasurer on Thur 28.2.2013, released a consultation paper on the Government’s proposal (announced in the MYEFO on 22 October 2012) for 3-year process to reform the timing of company tax payments by large companies. The consultation paper sets out the proposed implementation and design details for how to better align the timing of PAYG instalments…

Tax Month - February 2013

*Southgate Investment Funds Limited & Ors v DCT – Taxpayer wins right to have refusal to grant stay of execution re-heard [10]

The Full Federal Court has unanimously allowed a company taxpayer’s appeal and held that decision of the Court at first instance (Kenny J) in DCT v Hua Wang Bank Berhad (No 2) [2010] FCA 1296 had miss-carried (that decision was to grant summary judgment for $9.7m in tax debts against the company and to deny it…

Tax Month - February 2013

*FCT v Macquarie Bank Limited & Anor (Mongose) – Pt IVA: Commissioner loses appeal on gain from sale of shares after consolidation – no tax benefit [11]

The Full Federal Court has unanimously dismissed the Commissioner’s appeal from the decision in Macquarie Bank Limited v FCT [2011] FCA 1076. In that case, the Federal Court had held there was no “dominant purpose” of seeking to obtain a “tax benefit” under Pt IVA of the ITAA 1936 from the sale of shares by…

Tax Month - February 2013

*Yazbek v FCT – individual can an amendment outside the 2-years limit, under the ‘beneficiary of a trust’ qualification, despite being only a discretionary beneficiary and the amendment not being as a beneficiary [12]

The Federal Court has dismissed a taxpayer’s appeal from the decision in AAT Case [2012] AATA 477, Re Yazbek and FCT in which the AAT held that the taxpayer was at all relevant times a beneficiary of a trust [for the purpose of qualification (d) to s170(1), item (1) of the ITAA36]. The taxpayer argued…

Tax Month - February 2013

Donoghue v FCT – Injunction granted to prevent Commissioner using certain documents [13]

The Federal Court has granted a taxpayer an interlocutory injunction to prevent the Commissioner from making use of certain information obtained without the taxpayer’s consent. The taxpayer engaged a law student and a firm of lawyers that was associated with the law student to provide advice relating to his personal and family financial matters. The…

Tax Month - February 2013

Macquarie Bank Limited v FCT – Taxpayer fails to prevent Commissioner issuing 5 years amended Overseas Banking Unit assessments [14]

The Federal Court has dismissed a taxpayer’s application for interlocutory injunctive relief that sought to restrain, until further order, the Commissioner from issuing amended assessments to the taxpayer. The taxpayer claimed that the Commissioner was going to apply, retrospectively, a changed view on the law relating to Overseas Banking Unit expense allocations. The Court said…

Tax Month - February 2013