*Phoenix operators prevented from avoiding SGC liabilities by ATO using new powers – SG Estimates and Director Penalties [32]

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 [31]

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…

*Albrecht & Ors v FCT – Super surcharge and WA police officers – appeals partly allowed [30]

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 [2014] FCAFC 176, Full Federal Court, Perram, Robertson and Griffiths JJ, 19 December 2014.)

[LTN 1, 5/1/15]

*Revenue asset and trading stock roll-overs – same as CGT for business restructure – ATO administrative treatment [26]

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 [25]

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…