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

Government to introduce a ‘Freedom to Advocate’ Bill for the Not-for-Profit sector [80]

The Minister for Finance Senator Penny Wong Mon 4.3.2013, announced that the Federal Government would introduce a Not-for-Profit Sector Freedom to Advocate Bill during the next sitting of Parliament. The Bill would ban gag clauses from all Commonwealth contracts. The Minister said it will safeguard the right of the not-for-profit sector to advocate in the…

*Australian Charities and Not-for-profits Commission regulations made for information on the Register and Governance Standards [81]

The Australian Charities and Not-for-profits Commission Regulation 2013 was registered on the Federal Register of Legislative Instruments on Tue 5.3.2013. It specifies certain information that the ACNC Commissioner must include on the ACNC Register. The Register is maintained electronically by the ACNC Commissioner and includes specified information about each registered, and each formerly registered, entity.…

*ACNC financial reporting framework draft regs to be finalised soon [82]

The Assistant Treasurer on Mon 11.3.2013, advised that the Government is in the process of finalising the ACNC financial reporting framework and that “these regulations will be made available soon”. In December 2012, the Government issued for consultation draft regs on a new financial reporting framework for charities registered with the Australian Charities and Not-for-profits Commission (ACNC).…

Better targeting of NFP tax concessions: ATO will accept returns until 2014 but NFP’s will need to review back to 2011/12 with no Shortfall Penalty or SIC [83]

The ATO on Tue 19.3.2013, released details of its administrative treatment regarding the proposed changes to reform tax concessions provided to not-for-profit organisations. The changes seek to ensure that concessions are targeted only at activities directly furthering an organisation’s purpose. The changes have a general proposed start date of 1 July 2014, and transitional arrangements will apply…

Tax (financial product) advisers: Tax Practitioners Board proposed guideline on suitable ‘Australian taxation law courses’ [85]

The Tax Practitioners Board (TPB) has issued for comment Exposure Draft Proposed TPB Guideline TPB(PG) D04/2013 (Course in Australian taxation law that is approved by the Board for tax (financial product) advisers). The Draft Guideline sets out the preliminary views of the Board in relation to the meaning of “a course in Australian taxation law…

ACT stamp duty – Comr for ACT Revenue v Araghi and Dorsett – Commissioner loses appeal re:new housing estate [86]

The Commissioner for ACT Revenue has been unsuccessful before the ACT Supreme Court in appealing a matter concerning the dutiable value of what he argued to be “house and land packages” or “off the plan” purchase arrangements under the Duties Act 1999 (ACT). In this case, the taxpayers signed contracts with the intention of obtaining…

NSW payroll tax – Pastel Pines International v Chief Comr of State Revenue – grouping decision affirmed [87]

The NSW Administrative Decisions Tribunal has affirmed the Commissioner’s decision to group a taxpayer with another company for payroll tax purposes for the tax years ended 30 June 2007 and 30 June 2008. The taxpayer is a manufacturer of giftware products. From 2002, 60% of the shares were held by Mr & Mrs S and the other 40% of…

NSW land tax: Brataniec & Ors v Chief Comr of State Revenue – no waiver or estoppel for land tax liability [88]

The NSW Administrative Decisions Tribunal has affirmed land tax assessments issued to 3 taxpayers in relation to a property (a holiday home) for the 2008 to 2012 land tax years. In 1981, the taxpayers acquired the property. Following completion of a land tax questionnaire in October 2012, the Commissioner issued to the taxpayers land tax assessments in…

SA Duty – National Mutual Life Association & Ors v Comr of State Taxation – Taxpayers seek leave to appeal to the High Court – assessment of ‘rider’ policies at higher ‘general insurance rate’ [89]

The taxpayers have sought special leave to appeal to the High Court from the decision of the Full Court of the SA Supreme Court in National Mutual Life Association & Ors v Comr of State Taxation [2011] SASCFC 106. The Supreme Court had dismissed the appeals of 3 taxpayers (ING Life Ltd, ANZ Life Assurance…