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

*Share transactions from 20 September 1985 to 30 June 2016 from share registry companies: ATO data-matching program [43]

The ATO on Tue 18.11.2014, issued a gazette notice advising that it will acquire details of entities share registries for the period 20 September 1985 to 30 June 2016 from the following sources: Link Market Services Limited; Computershare Limited; Australian Securities Exchange Limited; Boardroom Pty Ltd; Advanced Share Registry Services Pty Ltd; and Security Transfer Registrars Pty Ltd. The…

*Commissioner says ATO is rethinking its compliance approaches – including seeking ‘declaratory relief’ [42]

In a recent address to the Tax Bar Association, the Tax Commissioner said the ATO was taking “a fresh look” at its compliance approaches. Given that the vast majority of taxpayers willingly comply with their obligations, Mr Jordan said it was logical that the ATO should focus more on encouragement and support rather than deterrence and…

*No “red flag” for taxpayers coming forward under Project DO IT – ATO more concerned with those who don’t come forward than with those who do [41]

The Tax Office has reassured taxpayers that disclosing under Project DO IT will not give them a “red flag”. Project DO IT offers benefits to taxpayers who bring their undeclared offshore income and assets back into Australia’s tax system by 19 December 2014. The ATO said feedback had raised taxpayer concerns that if they disclose they will…

*Div 7A ‘corrective action’ and the Commissioner’s 109RB discretion – usually making a ‘complying loan’ agreement and making ‘catch-up payments’ [40]

Under Div 7A of the ITAA 1936, certain amounts paid, lent or forgiven by a private company to shareholders or their associates may be treated as being a deemed dividend for tax purposes, subject to some exclusions. However, the Commissioner has a discretion to disregard this outcome if the deemed dividend arises as a result of an honest…

Class Rulings on FBT, Capital Reallocation and Return of Capital – Addendum to Tax Ruling on Retirement Villiages [38]

The ATO on Wed 26.11.2014, released the following Class Rulings: CR 2014/94: FBT: employers of employees who take out a health insurance policy under a Health Link Consultants Employee Health Plan; CR 2014/95: Lend Lease Corporation Limited Capital Reallocation; and CR 2014/96: Multiplex Development and Opportunity Fund – Return of capital. The ATO also issued…

*TD 2014/D19 Meaning of interest held by ultimate recipient for the purposes of s974-80(2) of the ITAA 1997 [35]

The ATO on Wed 12.11.2014, released Draft Taxation Determination TD 2014/D19 which states that the “interest” referred to in the phase at the end of s 974-80(2) of the ITAA 1997 is the interest held by the “ultimate recipient” and not the interest held by the “connected entity”. DATE OF EFFECT: When the final Determination is…