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

*John Holland Group Pty Ltd & Anor v FCT – Employee “fly-in fly-out” costs not deductible to employer [22]

The Federal Court has dismissed the taxpayers’ appeal and held that costs incurred in flying employees from Perth to Geraldton and back for a rail upgrade construction project were not deductible. The Commissioner contended that “fly-in fly-out” (FIFO) employees are undertaking another form of journey to and from work, it having long been established that…

*Allan J Heasman Pty Ltd v FCT – No deductions for contributions to employee welfare fund [21]

The Federal Court has dismissed a taxpayer’s appeal against an AAT decision that had confirmed the taxpayer, an automotive repair company, was not entitled to deductions for contributions paid to an off-shore “employee welfare fund” in the 1998 and 1999 years, nor resultant carried forward losses in the 1999 income year. The taxpayer and a…

*Comr of State Revenue v Lend Lease Development Pty Ltd & Ors – Vic stamp duty: land transfers dutiable – Commissioner wins appeal [17]

The High Court on Wed 10.12.2014, unanimously allowed the Commissioner of State Revenue’s appeals from a decision of the Court of Appeal of the Supreme Court of Victoria in Lend Lease Development Pty Ltd & Ors v Comr of State Revenue [2013] VSCA 207 and held that the Commissioner was entitled to assess duty to…

OECD releases drafts of new elements of International VAT/GST Guidelines [13]

On 18 December 2014, the OECD released discussion drafts of 2 new elements of the OECD International VAT/GST Guidelines. The OECD Committee on Fiscal Affairs (CFA) is developing the Guidelines to address issues of double taxation and unintended non-taxation resulting from inconsistencies in the application of VAT to international trade. The first 3 chapters of these Guidelines…