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

Tax Month – March 2023

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – March 2023 Edition – ‘Tax Developments’ for tax practitioners by a tax practitioner.   Compiled by F John Morgan A member of the Victorian Bar (www.FJMtax.com) Table of Contents ______________________________________________________________________________ COMPILING…

Tax Case Summaries – March 2023

ZIOLKOWSKI v Commissioner of Taxation (Taxation) – [2023] AATA 292 (02 March 2023) (Mr P W Taylor SC, Senior Member) TAXATION – application for reinstatement – income tax assessment and penalty decision – extensive non-compliance with directions – citizen of Australia and United States of America. This is a case about residency and many other complications (the…

Tax Month – February 2023

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – February 2023 Edition – ‘Tax Developments’ for tax practitioners by a tax practitioner.   Compiled by F John Morgan A member of the Victorian Bar (www.FJMtax.com) Table of Contents ______________________________________________________________________________ COMPILING…

Tax Case Summaries – February 2023

Matiushenko v Chief Commissioner of State Revenue – [2023] NSWCATAD 25 (01 February 2023) (J Gatland, Senior Member) TAXES AND DUTIES — Land tax — Surcharge land tax — Exemptions — whether a property is a principal place of residence. RESULT – The assessments to which the application relates are confirmed. Infinity Security Group Pty Ltd v Chief…

Tax Month – April 2023

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – April 2023 Edition – ‘Tax Developments’ for tax practitioners by a tax practitioner.   Compiled by F John Morgan A member of the Victorian Bar (www.FJMtax.com) Table of Contents ______________________________________________________________________________ COMPILING…

Reform of the superannuation fund ‘Non-arm’s Length Expenditure (NALE) rules (finally)- Consultation Paper released

On Tuesday 245.1.23, the Government released a consultation paper on options to amend the non-arm’s length expense (NALE) provisions for superannuation funds – which advisers in the Superannuation space, have been ‘baying’ for, for years – especially for large funds, where just a little expenditure breach, could ‘taint’ the whole of the fund’s income (even…

PwC International Tax Partner deregistered as a ‘tax agent’ – but before we rush to judge …

On 23.1.23, the press sensationally reported that the former PwC international tax partner (and Tax Institute 2016 ‘Corporate Tax Adviser of the Year) had been deregistered by the Tax Practitioners Board (TPB) and PwC had been sanctioned too (see related TT article). Further, the Assistant Treasurer weighed in, to put Tax Practioners ‘on notice’ regarding…

PwC international tax partner and Tax Institute 2016 ‘Corporate Tax adviser of the year’ – deregistered by TPB and PwC sanctioned also

On 23.1.23, the AFR reported that the former head of international tax for PwC Australia: Peter Collins, had been deregistered by the Tax Practitioners Board for dishonesty and for sharing confidential government briefings with PwC partners and clients. Mr Collins, also known as Peter-John Collins, was named corporate tax adviser of the year by the…

Treasury and ATO may ‘re-think’ private sector consultation after PwC breach & TPB deregistration

On Monday, 23.1.23, the AFR reported the Assistant Treasurer; Stephen Jones as saying the government may rethink its approach to consulting with tax professionals but did not rule out continuing to use PwC despite the firm and its former head of international tax being sanctioned for breaching confidentiality rules. Mr Jones declined to say if…

APRA releases updated ‘MySuper’ (default fund) HEATMAP – which have been useful in eradicating poor performance and holding trustees to account

On 15 December the Australian Prudential Regulation Authority (APRA) released its 2022 MySuper (default fund) Heatmap together with the following ‘Media Release‘. See, also, related TT article with details about ‘the good, the bad and the ugly’ (to borrow a phrase). The heatmap evaluates every MySuper superannuation product’s performance in the areas of investment returns, fees and…