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

The Government’s 2018 announcement to allow ‘early release’ of superannuation to victims of family and domestic violence? – ‘Victim X’ asks: ‘where the bloody hell is it?’ because she needs it NOW

Tax Month - January 2020

In November 2018, the then Minister for Women: Kelly O’Dwyer announced that her Government would move the amendment of the superannuation law (SISreg 6.19A) to allow the early release of superannuation, for victims of family and domestic violence (see related TT article). The then Assistant Tresaurer: Stuart Robert, also issued a Media Release. However, In…

ATO notice to tax agents – AUSkey closes in nine weeks (late March 2020) – ‘myGovID’ to be the default ‘log in’ from 25 January 2020 for tax agents login page

Tax Month - January 2020

On 21 January 2019, the ATO posted an article advising that ‘AUSkey’ closes in nine weeks (late March) and ‘myGovID’ will become the default login option on the Online services for agents login page, from 25 January 2020. See below for the post. [Tax Month – January 2020]

DCT v MWB Accountants – ATO fails to recover allegedly overpaid GST refunds from the tax agent [but note the Agent’s account of the events … ]

Tax Month - January 2020

On 20 September 2019, the County Court of Victoria (Marks J) held that the Deputy Commissioner of Taxation was not entitled to be repaid overpaid GST refunds from a tax agent, who didn’t pass them on to its client. See below for a summary of the case. [Tax Month – January 2020]     [WARNING –…

Whitt v Clough Projects – Super contributions for offshore gas worker, “in accordance” with the SGC law, were limited to ‘maximum contribution base’ earnings (after which there is no SG charge)

Tax Month - January 2020

On 20 December 2019, the Federal Circuit Court ruled that an offshore gas worker was only entitled to superannuation contributions under an industrial agreement up to the “maximum contribution base” in accordance with the Superannuation Guarantee (Administration)Act 1992 (SGAA). See below for a summary of the case. [Tax Month – January 2020]

Recent Federal and State changes to tax and duty on Property assets – both investors and private use – including the controversial abolition of the ‘main residence’ CGT exemption, for non-residents, with the transitional relief due to expire on 30 June 2020

Tax Month - January 2020

On Friday17 Jan 2020, The Tax Institute sent the first of it’s weekly ‘TaxVine’ email updates, and their Senior Tax Counsel: Bob Deutsch’s Report focussed on property investors and a number of specific changes that will impact on certain property investors and could require action if the worst aspects are to be avoided. See below for further…

CofT v Bosanac (No 5) & DCT v Huang – stays refused on tax debts in two cases – principles for granting stays articulated

Tax Month - December 2019

Two separate taxpayers have, in quick succession, failed to obtain a stay of execution of judgment, before different Federal Court judgement, the first on 17 December 2019, before McKerracher J, and the second on 19 December 2019, before Jagot J. See below for a brief summary of each case and the principles for granting stays,…

CofT v Eichmann – Land used for business sheds, materials and vehicles (somehow) not an ‘active asset’ – decision in favour of taxpayer overturned

Tax Month - December 2019

On 20 December 2019 the Federal Court has upheld the ATO’s appeal against a decision that a property used to store materials, tools and other equipment was an ‘active asset‘ for the purpose of the CGT small business concessions. But what do we think about this decision? See below, for a summary of the case. [Tax Month –…