The Government on Tue 20.1.2015, released the Board of Taxation’s report on taxation impediments to the success and growth of small business and the Government’s response to that report. The Board had provided its report to the Government at the end of August 2014. The Government says it wants to simplify small business’ interactions with the tax…
The Australian Charities and Not-for-profits Commission (ACNC) says it continues to “clean-up” the national Charity Register and has revoked the charity status of 392 charities that the regulator believes are no longer operating. The group of 392 charities were among approximately 56,000 charities transferred to the ACNC from the ATO in December 2012. The list of the…
*Phoenix operators prevented from avoiding SGC liabilities by ATO using new powers – SG Estimates and Director Penalties 
The ATO has advised that it has used new powers to recover $8m in workers’ superannuation entitlements from the operators of labour-hire companies in South Australia and Victoria who have engaged in phoenix behaviour. The ATO said the network of companies provided labour-hire services such as seasonal fruit picking and meat packing and had been…
*Olesen v Early Sunshine Pty Ltd & Ors – Pecuniary penalties imposed on directors of super fund trustee 
The Federal Court has imposed impose civil pecuniary penalties upon the directors of the trustee of a regulated superannuation fund in respect of admitted contraventions of the SIS Act. In the period 31 March 2000 to August 2013, the first respondent, Early Sunshine Pty Ltd (Early Sunshine), was the trustee of the George MacDonald & Sons Pty Ltd Superannuation…
The Full Federal Court has partly allowed appeals by commissioned officers of the Western Australian police force against superannuation contributions tax assessments.
[See discussion above under ‘Cases’ – ‘Full Federal Court’.]
(Albrecht & Ors v FCT  FCAFC 176, Full Federal Court, Perram, Robertson and Griffiths JJ, 19 December 2014.)
[LTN 1, 5/1/15]
*GSTR 2009/3 & GSTD 2012/4 Addenda – GST treatment of ‘cancellation fees’ and hospital treatment’ for s38-20 GST-free purposes 
On Wednesday 14.1.15, the ATO issued Addenda to the following GST Ruling and GST Determination:
- GSTR 2009/3: Cancellation fees; and
- GSTD 2012/4: What is “hospital treatment” for the purposes of s 38-20 of the GST Act?
[LTN 8, 14/1/15]
The ATO on Wed 28.1.2015, issued GST Determination GSTD 2015/1 which states that the supply of brokerage services that facilitate the sale or purchase of financial products on overseas securities or futures exchanges is a GST-free supply under para (a) of item 4 in the table in s 38-190(1) of the GST Act (Item 4). The Determination…
Re Raschta Coatings Pty Ltd as trustee for the Raschta Coatings Trust and FCT – GST and income tax assessments excessive: company wins appeal 
A company has been successful before the AAT in discharging the burden of proof that GST and income tax assessments issued to it following an audit by the Commissioner were “excessive”.
[See article under AAT cases – above.]
[LTN 17, 28/1/15]
*Revenue asset and trading stock roll-overs – same as CGT for business restructure – ATO administrative treatment 
On 12 December 2014, the Tax and Superannuation Laws Amendment (2014 Measures No 6) Bill 2014 received Royal Assent. The Bill includes amendments that extend the existing business restructure roll-overs available where a member of a company or unit holder in a unit trust can defer the income tax consequences of transactions that occur in the course…
*Separate ATO area to manage disputes (ATO agrees); Tech/Digital risk reviews; ECAP pilot started; Statutory Remedial Power concept finalised 
In the keynote address on Tue 20.1.2015, at the Australasian Tax Teachers’ Association 27th annual conference, ATO Second Commissioner Andrew Mills outlined some of the recent changes and developments at the ATO. Mr Mills said the ATO supports the creation of a separate area within the ATO to manage disputes for all taxpayers. As was…