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

Dividend washing ATO compliance program enters next phase – deadline per next letter or 22 September 2014 [20]

The ATO says it will soon commence the next phase of its dividend washing compliance program by issuing letters to 500 taxpayers who did not respond to the ATO’s initial letters, and up to 1,500 other taxpayers who updated data analysis suggests may have entered into a dividend washing transaction. The letters will ask those taxpayers to…

Class Rulings [18]

The ATO on Wed 27.8.2014, issued the following Class Rulings: CR 2014/67: Essential Water Mix and Match Program; CR 2014/68: Avant Mutual Group Limited – Retirement Reward Dividend; and CR 2014/69: FBT: employers who use the TomTom Telematics system for car log book and odometer records. [LTN 165, 27/8/14]

*Bitcoin – income tax, GST and FBT treatment: ATO Draft Determinations, GST Ruling and Guidance Paper [17]

The ATO says it has on Wed 20.8.2014, delivered guidance on the tax treatment of Bitcoin and other crypto-currencies in time for people to complete their 2013-14 income tax returns. The guidance includes Draft Taxation Determinations and a Draft GST Ruling (see below). The ATO has also issued a Guidance Paper. Under its guidance, the…

TR 2014/D5 – Special conditions for not-for-profit entities with exempt income [16]

This Draft Ruling, released Wed 13.8.2014, outlines the special conditions that various entities listed in Div 50 of the ITAA 1997 (mostly not-for-profit entities) must satisfy for their ordinary and statutory income to be exempt from income tax. It considers 2 of the special conditions that the entities must satisfy, namely: that the entity must comply…

FCT v Hunger Project Australia – Commissioner accepts that a ‘public benevolent institution’ does not need to directly provide relief [14]

The ATO has released a Decision Impact Statement on the Full Federal Court decision in FCT v Hunger Project Australia[2014] FCAFC 69. The Full Federal Court decision dismissed the Commissioner’s appeal and held that Hunger Project Australia (HPA) is a public benevolent institution (PBI) for FBT purposes even though it was predominately engaged in fund…