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

Labor Tax policy includes: halving CGT discount (to 25%) & limiting negative gearing on post 1 July 2017 acquisitions to new housing

In an announcement on Saturday, 13 February 2016, Labor Leader Bill Shorten released Labor’s “Funding Health & Education – and Balancing the Budget” policy. The policy proposes to: Limit negative gearing to new housing from 1 July 2017. All current investments – and any made before this date – will not be affected by this change and will be fully grandfathered.…

Tax incentive for ‘early stage investors’ – 20% non-refundable off-set up to $200,000pa & CGT exemption after 3 year then uplift after 10 years

Treasury put up, on its website, the following explanation of the tax incentive for ‘early stage investors’ announced in the Innovation Statement on 7 December 2015. Tax incentive for ‘early stage investors’ – what is it? The Government has announced that it will introduce a tax incentive for startup investors which will provide concessional tax…

‘Early stage investors’ tax incentives (announced in the ‘Innovation’ statement) – Treasury releases consultation paper

On 15 February 2016, Treasury released a consultation paper on the tax incentives for ‘early stage investors’, with the following preamble. “On 7 December 2015, the Government announced the National Innovation and Science Agenda (NISA), including new tax incentives for early stage investors. The tax incentives will provide concessional tax treatment for investors through a non-refundable…

Vic land tax: Colosseum Pty Ltd v Comr of State Revenue – 107 acres of land in greater Melbourne not ‘primarily’ used primary production because ‘landfill’ outweighed cropping and grazing business

The Victorian Civil and Administrative Tribunal has found that the scale of a taxpayer’s cropping and grazing activities was not sufficient for the taxpayer to qualify for the primary production land tax exemption. The taxpayer was the trustee of a trust which held 107 hectares of land in greater Melbourne. Part of the land was…

Re Sandbach and FCT – taxpayer appeals decision that the taxpayer could not use “threatened” losses from proceedings that had ended over a decade ago to reduce his taxable income to nil

The taxpayer has appealed to the Federal Court against the decision in Re Sandbach and FCT [2015] AATA 1024. In the case, the AAT affirmed default assessments (including penalties) issued by the Commissioner, finding that the taxpayer could not use “threatened” losses from proceedings that had ended over a decade ago to reduce his taxable income to nil.…

R&D tax incentive review as part of the ‘Innovation statement’ – issues paper released

Background – The National Innovation and Science Agenda (the Agenda) was launched on 7 December 2015. The Agenda aims to create a more innovative and entrepreneurial Australia. In launching the Agenda the Australian Government committed to undertaking a review of the Research and Development (R&D) Tax Incentive programme. Objective – The Review is identifying opportunities…

Latest OECD BEPS transfer pricing recommendations – Treasury released a consultation paper on adopting these recommendations in Australia

On Thursday 11/2/16, Treasury released a consultation paper on whether Australia should adopt the OECD’s latest transfer pricing recommendations (arrived at as part of its BEPS work). The Treasury release, of the consultation paper, stated the following. Transfer pricing rules are designed to make sure Australia receives an appropriate share of tax from multinational firms.…

Tax Laws Amendment (Norfolk Island CGT Exemption) Bill 2016 – CGT exemption now for all assets acquired before becoming part of Australia (except pre-24.10.15 mainland assets already taxable)

On 11 February 2016, the Government introduced the Tax Laws Amendment (Norfolk Island CGT Exemption) Bill 2016 into the House of Representatives. [APH website] 1.1 This Bill amends the Income Tax (Transitional Provisions) Act 1997 to exempt assets held by Norfolk Island residents before 24 October 2015 from capital gains tax (CGT). 1.2 However, this change…

CR 2016/9 – Qantas employee share schemes – return of capital

Today [Wed 10.2.2016], the ATO issued Class Ruling CR 2016/9 (Qantas Airways Limited – employee share schemes – return of capital). The Class Ruling applies to employees of Qantas Airways Limited and its subsidiaries who have participated in various Qantas employee shares schemes. It outlines the tax consequences to participants of Qantas’ $505m capital reduction and share…