TD 2016/13 – Reasonable travel and meal allowance amounts for 2016-17

On Friday 1.7.2016, the Commissioner issued TD 2016/13 setting out 2016/17 reasonable amounts for the following: overtime meal allowance expenses: $29.40; domestic travel allowance expenses: accommodation at daily rates (for domestic travel only); meals (showing breakfast, lunch and dinner); and deductible expenses incidental to travel. travel allowance expenses for employee truck drivers: for food and drink…

NSW payroll tax: Eastside Veterinary Emergency & Specialists Pty Ltd v Chief Comr of State Revenue – degrouping discretion denied

On Thursday 26.5.2016, the NSW Civil and Administrative Tribunal affirmed the Commissioner’s decision not to de-group the taxpayer under s79 of the Payroll Tax Act 2007 (NSW). The taxpayer accepted it was properly grouped with 2 other entities for the period from 19 December 2011 to 31 August 2014. However, the taxpayer argued that it carried on different and independent businesses…

Tax (financial) advisers’ code of professional conduct – draft TPB Information Sheets on Code of Professional Conduct obligations: conflicts of interest; know your client; best interests of client; etc.

The Tax Practitioners Board has issued the following Draft Information Sheets: Having adequate arrangements for managing conflicts of interest for tax (financial) advisers – Exposure draft of TPB Information Sheet on Item 5 of the Code of Professional Conduct: TPB(i) D35/2016. Code Item 5 requires registered tax (financial) advisers (and tax and BAS agents) to have adequate arrangements…

LCG 2016/1 – GST: new law for supplies into Australia, including a new test for carrying on enterprise in Australia

On Thursday 26.5.2016, the ATO issued Law Companion Guideline LCG 2016/1 (GST and carrying on an enterprise in the indirect tax zone (Australia)). It discusses: a test in the Tax and Superannuation Laws Amendment (2016 Measures No 1) Act 2016 (“the Amending Act”) for when an enterprise of an entity is carried on in the indirect tax zone (Australia);…

WA land tax: Carter & Ors and Comr of State Revenue – construction of private residence exemption allowed – partition of old lot into 4 more did not matter

Four couples (the taxpayers) have been successful before the WA State Administrative Tribunal in a matter concerning a private residence construction land tax exemption. In July 2008, 4 couples purchased a property (Lot 29) intending to develop 4 new apartments. In October 2011, a partial exemption under s24A of the Land Tax Assessment Act 2002 (WA) was granted on the condition…

Delis & Anor v Tax Practitioners’ Board – Federal Court upholds AAT’s decision refusing registration of the tax agent because he was not a ‘fit and proper person’

The Federal Court has dismissed appeals by an individual and a company (of which he was the sole director) from the decision in Re Delis and Tax Practitioners Board [2015] AATA 820, effectively affirming the decisions of the TPB to refuse their renewal of registration as tax agents. The individual and the company were registered tax…

FCT v AP Energy Investments Pty Ltd – a Chinese company was not liable for CGT on sale of shares in Australian mining company because of the first instance Tribunal decision as to the value of ‘mining information’

On Wednesday 25.5.2016, the Federal Court dismissed the Commissioner’s appeal from the decision in AAT Case [2013] AATA 626, Re AP Energy Investments Limited and FCT, effectively holding that the taxpayer company (a Chinese company) was not liable for CGT on sale of shares it held in an Australian mining company. The AAT had ruled that…