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

Part-time tertiary courses to be tertiary courses to be GST-free retrospectively from 2009 – determination registered July 2014 [39]

The A New Tax System (Goods and Services Tax) (Tertiary Courses) Determination 2014 was registered Mon 28.7.2014. It specifies part-time tertiary courses to be tertiary courses for the purposes of the GST Act with the effect that GST is not payable on the supply of those courses. The Determination is taken to have commenced on…

*TA 2014/1 – ATO auditing special purpose trusts used by property developers to argue proceeds are not revenue but capital gains with 50% discount [35]

The ATO on Mon 28.7.2014, issued Taxpayer Alert TA 2014/1 which describes arrangements where property developers use trusts to return the proceeds from property development as capital gains instead of income on revenue account. ATO Deputy Commissioner Tim Dyce said the ATO has “begun auditing property developers who are carrying out activities which conflict with…

PS LA 2011/27 on when ATO view of the law will only be applied prospectively modified after Macquarie Bank case [34]

The ATO on Wed 30.7.2014 released for comment Draft Practice Statement Law Administration PS LA 2011/27 (Matters the Commissioner considers when determining whether the ATO view of the law should only be applied prospectively). The ATO is seeking comments on proposed amendments to the Draft Practice Statement following the Full Federal Court’s decision in Macquarie…