This Ruling, issued on Wed 28.5.2014, clarifies the circumstances in which the ships and aircraft article of Australia’s tax treaties allocates Australia a right to tax amounts falling within s 129 of the ITAA 1936. It applies to treaty partner residents who carry on an enterprise and derive s 129 income in respect of carriage of passengers,…
The ATO has released a Decision Impact Statement on the AAT decision in AAT Case [2013] AATA 891, Re Swanbat Pty Ltd and FCT. In that case, the AAT had set aside the Commissioner’s amended assessment in relation to a BAS for the period 1 April 2008 to 30 June 2008 and held that the taxpayer’s net amount for…
The ATO on Wed 7.5.2014, issued a Decision Impact Statement on the Full Federal Court’s decision in FCT v Ludekens [2013] FCAFC 100. The Full Court had unanimously allowed the Commissioner’s appeal and held that 2 persons were “scheme promoters” in terms of Div 290 of the TAA and therefore were liable for civil penalties. The…
The ATO on Fri 2.5.2014, issued a Decision Impact Statement on the Full Federal Court’s decision in Rigoli v FCT [2014] FCAFC 29. In that decision, the Court dismissed the taxpayer’s appeal concerning default assessments that had been issued to him under s 167 of the ITAA 1936 for the 1994 to 2001 income years. The…
The ATO on Fri 2.5.2014, released a new Interim Decision Impact Statement on the Full Federal Court decision in ATS Pacific Pty Ltd v FCT [2014] FCAFC 33. In that case, the Full Federal Court unanimously upheld the Commissioner’s argument that a supply made by an Australian inbound tour operator to overseas customers was fully…
A taxpayer has been successful before the AAT in arguing that workers engaged by it were not employees for the purposes of the Superannuation Guarantee (Administration) Act 1992 (SGAA). The Commissioner had disallowed the taxpayer’s objection to assessments of a superannuation guarantee charge in respect of the taxpayer’s employment of certain workers in the quarterly…
The AAT has held that car-parking facilities provided by a taxpayer (an airline) to its employees in certain locations were subject to FBT for the 2007 to 2010 FBT years. The taxpayer and its associates provided car parking facilities to their employees whose primary places of work were at or near airports in major capital…
A taxpayer has been unsuccessful before the AAT in seeking a review of a decision made by the Commissioner on 20 September 2013. The taxpayer contended the decision was a reviewable objection decision for the purposes of s 14ZZ of Pt IVC of the TAA and that the Tribunal had the jurisdiction to review the decision. The Commissioner…
The AAT has affirmed the Commissioner’s ruling regarding whether a legal settlement was a taxable supply. The taxpayer was a financial services business established in 2010 by an individual after his termination from another financial planning firm. As part of the individual’s employment contract with his ex-employers, he had agreed to not canvass, solicit, or…
The AAT has allowed some deductions claimed by the taxpayer in relation to a property investment, but refused other deductions. It also affirmed the 50% penalty for recklessness. In 2007, following an audit of the taxpayer, the Commissioner issued amended assessments for years ending 30 June 2003 and 30 June 2004 to increase the taxpayer’s assessable income substantially in…