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

Working From Home (WFH) deductions – Updated ATO guidance PCG 2023/1

In The Tax Institute’s TaxVine [No.4, on 17.2.23], their Tax Policy and Advocacy (TPA) team explain the ATO’s position on claiming deductions for working from home (WFH) expenses following the release of Practical Compliance Guideline PCG 2023/1 this week.      The updated guidance replaces draft Practical Compliance Guideline PCG2022/D4 and details the revised fixed rate…

The High Court’s CFMEU and Jamsek decisions and the ATO’s efforts to revise its rulings and guidance material on ’employee’ v’s ‘contractor’ law

In The Tax Institute’s TaxVine email [No.3, 10.2.23], their Tax Counsel, Julie Abdalla, FTI, examines the draft ATO guidance on the characterisation of workers as employees or contractors, following the High Court decisions in 2022.     Relevance of the ‘employee or contractor’ distinction The ‘employee or contractor’ distinction pervades both federal and state laws…

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…