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

Legal Professional Privilege ‘carve-out’ from obligation to produce information – ATO, PwC & Amicus Curiae ‘duke it out’ in the Federal Court (with client: JBS looking on) – be part of the action: ‘fun for everyone’

Tax Month - September 2021

The ATO commenced action in the Federal Court against professional services firm: PwC, to challenge its claim that information, related to its client: JBS, is subject to ‘legal professional privilege’ (LPP), which, PwC contends, puts that information, beyond the reach of the ATO’s statutory right, to access particular types of information. The action commenced Monday…

Fairfax, Nationwide & Australian News v Dylan Voller – news outlets social media pages left them potentially liable for ‘publishing’ 3rd party allegedly defamatory comments

Tax Month - September 2021

And now for something important – even though, only tangentially relevant, to tax. On 8 September 2021, the High Court found in favour of Dylan Voller, on the issue of whether various news outlets had published allegedly defamatory comments, made by third parties, in the ‘comments’ function on their respective ‘Facebook’ pages, where they’d posted…

High Court holds that using social media made a person potentially liable for 3rd party allegedly defamatory ‘comments’ on a news article – by ‘facilitating’ their publication

Tax Month - September 2021

On 8 September 2021, the High Court brought down a defamation decision of very considerable significance – even to tax practitioners. It found that the host of a Facebook page, could be liable for defamatory comments made, by a third party, in response to a news article they had published. The basis was that they…

How does Covid change ‘corporate residency’, ‘source’ and ‘permanent establishment’ in the world of international taxation?

Tax Month - September 2021

The traditional ‘gateways’ to taxation, around the world, have been ‘residence’, ‘source’, and ‘permanent establishments’. These have been under pressure, for some time now, as technology makes all these more ambiguous. Covid-19 has recently exacerbated this, in some dramatic ways. Lockdowns, closed borders, people trapped in the country they were in, people retreating home, people…

GST – WYPF v CofT – ACT developer could not deduct $77m of ‘Building Works’ under the margin scheme’ but did get a refund for a margin overstated by $29m of ‘Preparatory Works’

Tax Month - August 2021

On 25 August 2021, the AAT decided a GST case: WYPF v CofT, in which it held that an ACT developer, of new residential premises, could not reduce the ‘margin’, on which GST is payable, under Div 75 of the GST Act, by $77m cost of its ‘Building Works’. The ATO accepted that both the…

‘Childminding’ for Victorian Covid ‘Authorised Workers’ – 4th change in restrictions in 12 days – ok if child enrolled in primary school

Tax Month - August 2021

In Victoria, we’re no longer alone in being pretty Covid weary, but spare a thought for our Authorised Workers, who’ve just had the 4th change, in 12 days, in restrictions affecting whether they can get childminding. The latest change relaxes restrictions, so childminding is now available, but only if the child is enrolled in primary…

ACT: COVID-19 support measures extended with lockdown to 17 Sept 2021 – increased by $10,000 for employing businesses and $3,500 for non-employing businesses where those businesses’ turnover has declined by 30 per cent

Tax Month - August 2021

The Federal Treasurer and the ACT Chief Minister have issued a joint media release advising that the COVID-19 economic support measures have been expanded due to the extension of the lockdown in the ACT. The extension is currently due to run to 17 September 2021. See below for further details. [Tax Month – August 2021]    …

AASB 112 Income Taxes, current and future tax consequences – compiled Standard applies on or after 1 July 2021

Tax Month - August 2021

On 30 August 2021, Treasury registered the latest compilation of Accounting Standard AASB 112 – Income Taxes. This compilation incorporates relevant amendments made up to and including 6 March 2020. See below for further detail. [Tax Month – August 2021]     AASB 112 Income Taxes prescribes the accounting treatment for income taxes. The principal issue in accounting for income…