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

State & Territory Covid relief – ‘technical issues’ considered

There are technical questions that arise, for the NSW Covid lockdown relief (and for other States & Territories, with their equivalent benefits) – things like ‘aggregate annual turnover’; ‘decline in turnover’; ‘maintain employee headcount on 13.7.21’; ‘NSW weekly payroll’ and ‘total annual Australian wages’. There is guidance on this and it’s improving – but it’s…

Good summary of NSW COVID-19 support measures for businesses, sole traders and not-for-profit organisations (at 29.7.21) with links to Victorian & South Australian equivalent relief

There has been a quick succession of improvements in the level of, and eligibility for, COVID support packages for lockdown affected individuals and businesses – funded Federally, for individuals and jointly by the affected State/Territory and the Federal Government. The serious and extended lockdown in NSW, then a shorter one in Victoria (the two biggest…

NSW Government announces (28.7.21) increased and wider COVID-19 JobSaver benefits for NSW businesses – back dated too

The NSW Government, on Wed 28.7.2021, announced changes to a key support measure for businesses impacted by the ongoing lockdown. The changes, for business, affect what the NSW Government terms its JobSaver package. This was a companion announcement, issued on the same day, as the one issued by the Federal Government, of their increased support for individuals (see related…

COVID-19 Disaster Support Payment boosted again – PM and Treasurer’s Media Release (28.7.21) – valuable for NSW

The PM and Treasurer released a joint media release on Wed 28.7.2021, stating “increased financial support for hundreds of thousands of workers in New South Wales will be available from next week as part of the Commonwealth Government’s expanded national COVID-19 Disaster Payment”. See below for further details. [Tax Month – July 2021]    …

New ‘Residency’ Test for individuals – 2021 Federal Budget proposals based on Board of Tax’s 2019 Recommendations

This article reprises, the 2021 Federal Budget proposal, to implement the Board of Taxation’s recommendations, to restructure the tax ‘residency’ tests for ‘individuals’, as a precursor for the Law Council’s July 2021 submissions, to Government, about the modifications, to the Board’s recommendations, that are needed (see relevant TT article). See below for further detail [Tax…

Changes to residency rules for ‘individuals’ – Law Council’s 5.7.21 submission to Government (modifications to Board of Tax Recommendations)

The Law Council of Australia (LCA) made a submission, dated 5 July 2020, to the Assistant Treasurer, about the announcements, in the 2021 Federal Budget, that the Government will move to change the ‘residency’ test, for ‘individuals’, based on the 2019 recommendations from the Board of Tax (see related TT article). The submission suggests various…

NSW payroll tax – further reductions and deferrals for latest July 2021 COVID-19 lockdown (and other relief summarised)

On Thursday 22.7.2021, the NSW Treasurer announced further Covid related Payroll Tax Relief including reductions, deferrals and interest free payment plans. In the same Media Release, the Treasurer listed the other main relief measures for this July 2021 lockdown. See below for further details. [Tax Month – July 2021]     On Thursday 22.7.2021, the…

R v Gore – Former Qld property developer loses his appeal against his conviction for defrauding SMSF investors by knowingly borrowing money without prospect of repayment (5 years jail, 2 years non-parole)

On 20.7.2021, a former property developer, in Queensland, lost his appeal, against convictions for 6 counts of fraud, which carried a 5 year jail sentence (2 years non-parole). The facts proven were that he solicited about $800k of loans from SMSFs, on behalf of a company, which he knew had no real prospect of being…

Tomkinson v TPB – Tax agent’s registration cancelled for mishandling personal tax affairs, false statement & breaching conditions of his ‘stay’

On 8 July 2021, the AAT confirmed the Tax Practitioners Board decision that a tax agent’s registration be cancelled and he be unable to reapply for 18 months. This was because he had multiple failures in relation to his own tax affairs (which is a breach of the Code of Practice), made a false statement…

SA land tax: – Comr of State Taxation v Takhar & Anor – land that didn’t produce a crop for 22 years, was eligible for the primary production land tax exemption, in the year prior to its first crop

The South Australian Court of Appeal agreed, with the Court at first instance, that certain South Australian rural land, was exempt from land tax, under the relevant ‘primary production’ exemptions, when the land produced its first crop, the next year. The taxpayers bought the land 22 years earlier, for primary production, but it had not…