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

*IGT’s review of valuation issues in tax law – Assistant Treasurer releases his report [6]

The Assistant Treasurer, Josh Frydenberg, on Mon 19.1.2015, released the Inspector-General of Taxation’s Review into the ATO’s administration of valuation matters. He said valuation requirements have been an area of ongoing concern for taxpayers. The Inspector-General has identified inherent difficulties associated with the nature and associated costs of valuations. Given these issues, the Inspector-General has made…

*‘Look-through’ investors in instalment warrants and instalment receipts will be treated as the owner of the asset: draft legislation released [5]

Treasury on Mon 19.1.2015, released for comment, an exposure draft of legislation, which proposes to amend the income tax law to provide look-through income tax treatment for instalment warrants and instalment receipts. Under the proposed changes, the investor in the instalment warrant or receipt will be treated as the owner of the asset of the…

Government announces simplification of tax and super reporting obligations by the introduction of ‘Single Touch Payroll’ system from July 2016 [3]

The Minister for Small Business, Bruce Billson, and the Assistant Treasurer, Josh Frydenberg, announced on 28 December 2014 that the Government will cut red tape for employers by simplifying tax and superannuation reporting obligations through Single Touch Payroll. Under Single Touch Payroll, which will be available from July 2016, employers’ accounting software will automatically report payroll information to the ATO…

Resource project realignment and farm-out: exposure draft legislation released [1]

In the 2013-14 Budget proposal limiting the immediate deductibility of expenditure on mining rights and mining information, there was a provision that the measure did not prevent the immediate deductibility of mining rights acquired under a “farm-in, farm-out” arrangement (the partial exchange of a tenement interest in exchange for the farmee providing exploration services as…

Re GSLL & Ors and FCT – 75% administrative penalties affirmed for failing to lodge FBT returns – failing to remit did not produce an unjust result

The AAT has confirmed that 3 companies, that were in effect owned and controlled by one director, were liable to FBT and 75% administrative penalties over a 4-year period for failing to lodge FBT returns in relation to several luxury cars. The penalties amounted to over $250,000. The resulted in an overall liability of over…

OECD tax statistics – various taxes as a percentage of GDP and of other taxes, together with their growth or contraction

The 2016 edition of the OECD’s annual Revenue Statistics publication shows that the OECD average tax-to-GDP ratio rose slightly in 2015, to 34.3%, compared to 34.2% in 2014. This is the highest level since the Revenue Statistics series began in 1965. An increase in tax-to-GDP levels was seen in 25 of the 32 OECD countries that provided preliminary data…

Treasury Laws Amendment (2016 Measures No. 1) Bill 2016 introduced – amend Corporations Act so ‘start up’ employee share scheme ‘prospectus’ doesn’t have to be made public and amend ITAA97 for 6 new DGR’s

This Bill was introduced into Parliament on 1 December 2016 and amends (amongst other things): The Corporations Act 2001 to provide that employee share scheme disclosure documents lodged with the Australian Securities and Investments Commission are not made publicly available for certain start-up companies; and The Income Tax Assessment Act 1997 to update the list…