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

Measuring effectiveness of ATO compliance activities can be improved: ANAO review [76]

The Australian National Audit Office (ANAO) on Thur 12.6.2014, released Audit Report No 39 Compliance Effectiveness Methodology. The review examined the application of the ATO’s Compliance Effectiveness Methodology (CEM) in evaluating the effectiveness of key compliance activities and in shaping the development of strategies to promote voluntary compliance. The review found the ATO applied generally…

ACNC repeal Bill should be passed on recommendation of Senate committee divided along party lines [72]

The Senate Economics Legislation Committee on Mon 16.6.2014, tabled its report on the Australian Charities and Not-for-profits Commission (Repeal) (No 1) Bill 2014. The Bill, which is still before the House of Reps, proposes to repeal the Australian Charities and Not-for-profits Commission Act 2012, thereby abolishing the Australian Charities and Not-for-profits Commission (the ACNC). The…

*ACNC reminders for charities – lodge their 2013 Annual Information Statement by 30.6.14 or risk removal from register and loss of tax exemption [73]

The Australian Charities and Not-for-profits Commission (ACNC) has reminded charities of the 30 June 2014 deadline for lodging their 2013 Annual Information Statement. The ACNC warned it is a legal requirement that all registered charities submit an annual statement. Details of how to lodge the 2013 Annual Information Statement can found at acnc.gov.au/2013AIS or contact the ACNC…

Re Advent 7 Pty Ltd and FCT – ITC claims denied as they were not substantiated [67]

The AAT has rejected a taxpayer’s appeal and upheld the Commissioner’s disallowance of its input tax credit (ITC) claims. The taxpayer’s main business activity was computer system design, although it also marketed licensed computer software. It accounted for GST on a cash basis. The Commissioner audited the taxpayer and reduced its ITC claims from $404,491…

*Re North Sydney Developments Pty Ltd and FCT – GST: taxpayer’s letter to the ATO was a sufficient s105-55 ‘stop the clock’ notification of ITC entitlement [66]

A taxpayer has been successful before the AAT in seeking orders to allow its claim for GST input tax credits, totalling $2.8m, and to set aside a private ruling issued by the Commissioner, which had refused its claim [to those credits]. The taxpayer claimed it was entitled to ITCs of $2.2m (relating to December 2005) and $600,000…

*Re Dotrac Pty Ltd & Ors and FCT – GST: no enterprise re property development, so input tax credits refused [65]

Two taxpayers have been unsuccessful before the AAT in a matter concerning input tax credits (ITCs) claims in respect of purported acquisitions made in 2 property developments. The first taxpayer (a company) and the second taxpayer (a partnership of 2 individuals) claimed to have made acquisitions in relation to property development. The first taxpayer also…