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

Ex-NewSat CEO convicted for $357,500 in fake invoices and also his accountant – here the beneficiary of the fraud was not the taxpayer

Last month I reported that an accountant had admitted submitting false invoices, and awaited sentencing. On 5 March 2020, the wash up of this became known and was reported in the Australian Financial Review, by Lisa Main (one of their reporters) under the heading: Ex-NewSat CEO convicted for $357,500 in fake invoices. The gist of this…

Arrests made in J5 investigations into money laundering using cryptocurrencies – IRS media releases

The IRS (USA) has reported that arrests have been made in relation to 2 investigations into money laundering using cryptocurrencies as part of operational activities by the “Joint Chiefs of Global Tax Enforcement”, known as the “J5” (Australia, UK, US, Canada and the Netherlands). See below for further details from media releases. [Tax Month –…

TPB review of CPE including a proposal to increase the hours required by over 30% – submissions due 18 March 2020

On 19 February 2020, the Tax Practitioners Board (TPB) issued a Discussion Paper seeking feed back, by 18 March 2020, on its proposals to change the ‘continuing professional education’ (CPE) tax agents and BAS agents (amongst others) including a proposal to increase the number of hours required, by over 30%. See below for further detail.…

Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 receives Royal Assent (on 17.2.20)

On 17 February 2020, the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 received Royal Assent as Act No 6 of 2020 (Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020). The Bill had been introduced into Parliament on 27.11.19 (see related TT article). See below for a summary of the amendments it makes. [Tax Month…

Vic Transfer Duty – Trusts with ‘foreign’ beneficiaries subject to an 8% uplift of market value – changes in the Victorian SRO’s treatment of discretionary trusts – ‘foreign beneficiaries’ now must be excluded in the deed (effective 1 March 2020)

Russell Kennedy Lawyers say that it is ‘Now is the time to review your discretionary trusts’. From 1 March 2020, you’ll need to have a clause, in your trust deed, excluding foreign beneficiaries. See below for an explanation as to why. [Tax Month – February 2020]

GST anniversary: a time to celebrate – or consider a ‘Retail Sales Tax’, which is simpler and has greater integrity – as there are no refunds of input tax credits and no compliance & payments at every stage of supply chain

On 14 February 2020, the Tax Institute’s Senior Tax Counsel: Bob Deutsch, wrote his weekly Report in TaxVine (No5), titled: GST anniversary: a time to celebrate? See below for the details. [Tax Month – February 2020]  

Moltoni v CofT – Commissioner’s refusal to revoke DPO upheld – taxpayer bankrupted over $36m tax liability arising from him being personally assessed on a $21m payment from a company the infamous Mr Oswal controlled to a BVI company the taxpayer controlled

On 11 February 2020, the AAT upheld the Commissioner’s decision refusing to revoke a ‘Departure Prohibition Order’ (DPO) imposed because he was assessed to tax resulting in $36m in tax liabilities, related to Mr Oswal, who departed from Australia, with substantial funds shortly before an ammonia plant, he ran, collapsed in Western Australia. See below…

Payroll Tax (Vic) – Optical Superstore – High Court refuses leave to appeal the Commissioner’s win in Victorian Supreme Court Court of Appeal

The Victorian Supreme Court Court of Appeal had overturned the taxpayer’s win at first instance, and the High Court has refused the taxpayer’s application for special leave to appeal in Comr of State Revenue v The Optical Superstore Pty Ltd : [2019] VSCA 197. See below for further detail. [Tax Month – February 2020]