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

Featherby v FCT – No grounds to re-open case to hear further submissions from taxpayer (exceptional circumstances, especially for submissions)

The Federal Court has dismissed a taxpayer’s application to re-open a hearing (for which judgment has been reserved) to take further submissions of the operation of s175 of the ITAA 1936 in relation to the dispute. In doing so, the Court acknowledged that while it had full power to rehear or review a case until…

Review of retirement income stream regulation – Government releases Review Report recommending that the current annual minimum drawdown requirements be continued but that other requirements be relaxed

On 3 may 2016, the Government released the final report of its Review of retirement income stream regulation, together with its response to the review, which was to accept all 7 recommendations. [LTN 84, 4/5/16] Government’s 2013 election and subsequent commitments The Government’s superannuation 2013 election commitments included reviewing: the regulatory barriers restricting the availability of relevant and…

Budget Tax Announcements – ATO website pages including a list of starting dates

Following the 2016 Federal Budget, on Tue 3.5.2016, the ATO released a number of webpages highlighting various proposed tax measures (see below). The ATO has also prepared a webpage summarising start dates of various Budget proposals. From the ATO website: Multinational tax measures Implementation of the OECD hybrid mismatch rules – The ATO notes that “legislation is currently being…

Encouraging venture capital investment in Financial Technology (‘FinTech’) – Govt seeks feedback, including on targeted tax incentives

The Government is calling for feedback on the best way to ensure investors into FinTech startup activities can be eligible for the venture capital tax concessions. The Government’s FinTech statement, released in March 2016, committed to encouraging investment in FinTech firms by ensuring that the tax concessions are available for venture capital investments in FinTech startups, including banking and…

OECD proposals for mandatory disclosure of aggressive tax positions: Treasury issues paper to consult on how this should be implemented given the existing Australian laws

On 3 May 2016, the Government announced that it will seek community input on the OECD’s proposals for Mandatory Disclosure Rules, which require tax advisers and/or taxpayers to make early disclosures of aggressive tax arrangements (often before income tax returns are lodged), to provide tax authorities with timely information on arrangements that have the potential to undermine…

Industry Research and Development Amendment (Innovation and Science Australia) Bill 2016 introduced to make consequential amendments (and lapsed on Parliament being dissolved)

The Industry Research and Development Amendment (Innovation and Science Australia) Bill 2016 was introduced into the House of Reps on Wed 4.5.2016. The Bill makes consequential amendments to a number of Acts in relation to broadening the purposes and functions under the Industry Research and Development Act 1986 to provide for strategic advice and programs in relation to industry, innovation, science and research.…

Managed Investment Trust Bills – package of 4 Bills passed into law

The Tax Laws Amendment (New Tax System for Managed Investment Trusts) Bill 2015, Income Tax Rates Amendment (Managed Investment Trusts) Bill 2015, Medicare Levy Amendment (Attribution Managed Investment Trusts) Bill 2015 and the Income Tax (Attribution Managed Investment Trusts – Offsets) Bill 2015 passed the Senate without amendment on 4 May 2016 and received Royal Assent on 5 May 2016 (as Acts No.…

GST – Tax and Superannuation Laws Amendment (2016 Measures No 1) Bill 2016 – now Act No. 52 of 2016 with amendments to the ‘cross-border’ provision to allow ‘resident agents’ to continue being liable for ‘non-residents’ GST

The Tax and Superannuation Laws Amendment (2016 Measures No 1) Bill 2016 was passed with 4 Government amendments and the House of Reps for approved those amendments, with Royal Assent as Act No. 52 of 2016. The amendments seek to allow non-residents and their resident agents to agree that the resident agent will be the liable entity for GST…

Charara v FCT – AAT erred in exercising its s42A(5) power to dismiss his GST review application of self represented taxpayer for failure to prosecute it (denied procedural fairness etc.)

The Federal Court has held that the AAT erred in dismissing a self-represented taxpayer’s application before it under s 42A(5) of the Administrative Appeals Tribunal Act 1975 (which allows the AAT to dismiss a matter before it if the taxpayer fails to proceed with their application). In this case the taxpayer refused to proceed with the…