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

*Calculation of interest on unclaimed money (including super): regs made to pay interest at the 10 year bond rate [67]

The Treasury Legislation Amendment (Unclaimed Money and Other Measures) Regulation 2013 was registered on Mon 17.6.2013. It amends the Banking Regulations 1966, Corporations Regulations 2001, First Home Saver Accounts Regulations 2008, Life Insurance Regulations 1995 and Superannuation (Unclaimed Money and Lost Members) Regulations 1999 to specify how to work out the interest payable by the…

ATO view on Yacoub case – Taxpayers liable for GST on sale of property as the relevant entity was a partnership and they were liable for its tax debts [63]

The ATO on Thur 27.6.2013, released a Decision Impact Statement on the Federal Court’s decision in Yacoub v FCT [2012] FCA 678 (2012) 83 ATR 722. In that case, the Federal Court dismissed appeals by taxpayers concerning the Commissioner’s decision to disallow an objection to a notice of assessment for the payment of GST regarding…

SCCASP Holdings as trustee for the H&R Super Fund v FCT – Taxpayer seeks leave to appeal decision about ‘special income’ to the High Court [73]

The taxpayer has lodged an application for special leave to appeal to the High Court against the Full Federal Court decision in SCCASP Holdings as trustee for the H&R Super Fund v FCT [2013] FCAFC 45. The Full Federal Court had upheld an earlier finding that a resolution to distribute a id=”mce_marker”4m capital gain from…

SMSF levy fee increase and payment date brought forward under new Regulations [66]

The Superannuation (Self Managed Superannuation Funds) Supervisory Levy Imposition Amendment Regulation 2013 (No 1) was registered Thur 13.6.2013. It amends the Superannuation (Self Managed Superannuation Funds) Supervisory Levy Imposition Regulations 1991 and the Superannuation (Self Managed Superannuation Funds) Taxation Regulations 1999 to increase the amount of the SMSF supervisory levy payable for the 2013-14 income…

Tax Commissioner and his scrutineers to appear before Parliamentary committee [53]

The Tax Commissioner will appear before the Federal Parliamentary Joint Committee on Public Accounts and Audit in Canberra tomorrow [Wed 26.6.2013]. Tax Commissioner Chris Jordan will be joined by the Auditor-General, the Inspector-General of Taxation, and the Commonwealth Ombudsman in a broad-ranging discussion on the present and future of tax administration. Committee Chair Rob Oakeshott said annual…

*Re The Trustee for Andrew Garrett Family Trust No 3 and FCT – objection not lodged as alleged, so no deemed objection decision for AAT to review – refund GST [59]

The AAT has held that it did not have jurisdiction to hear a taxpayer’s application for review of an alleged objection decision by the Commissioner concerning a GST refund issue. The Tribunal said Mr Andrew Garrett, as trustee of the Andrew Garrett Family Trust (No 3), lodged with the AAT an application on behalf of…

Means tested ‘private health insurance rebate’ assessed in 2012/13 return – new Medicare income thresholds published with tables [52]

The ATO has reminded taxpayers of changes made last year to means test the 30% private health insurance rebate. Individuals earning more than $84,000, or families earning more than id=”mce_marker”68,000, will start to lose the rebate in the 2012-13 financial year. The ATO said it will work out the rebate entitlement of taxpayers when they…