On 14.8.19 the ATO’s Second Commissioner: Jeremy Hirschhorn, issued a statement welcoming the High Court’s decision that Glencore could NOT prevent Commissioner using documents, stolen by a whistleblower, from its Bermuda law firm, even though they were subject to legal professional privilege (confirming that privilege is a ‘shield not a sword’). See below for the…
On the same day the High Court brought down it’s seminal decision on ‘legal professional privilege’ (14.8.19) the Australian Financial Review ran a story on that case, including some useful background. See below for the full article. See also, the related Tax Technical article on the Glencore case [2019] HCA 26 and on the ATO’s take on…
On 14 August 2019, the High Court of Australia handed down a very significant decision holding that Glencore was NOT entitled to an injunction, compelling the Commissioner of Taxation to deliver up, and restraining him from using, various documents stolen from its lawyers in Bermuda (amongst the so called ‘Paradise Papers’ on the sole basis…
On 1 August 2019, the Independent Review of the Tax Practitioners Board (TPB) and the Tax Agents Services Act 2009 (TASA), lead by Mr Keith James, released its discussion paper, which I’ve attached in full. It calls for submissions by 30 August 2019 (to TBBreview@treasury.gov.au). I had earlier made submissions to the Review, about the issues…
On 1 August 2019, the Independent Review of the Tax Practitioners Board (TPB) and the Tax Agents Services Act 2009 (TASA), lead by Mr Keith James, released its discussion paper, which I’ve attached in full. It calls for submissions by 30 August 2019 (to TBBreview@treasury.gov.au). In other Tax Technical articles, I covered the announcement of the…
On 2 August 2019, the Federal Treasurer: Josh Frydenberg, announced that the Government asked the House of Representatives Standing Committee on Economics to inquire into progress made by relevant financial institutions in implementing the recommendations of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. See below for further detail. FJM 6.8.19…
On 3 August 2019, Reuters reported that Amazon said, the previous day, that it would pass on the cost of a new French digital tax to consumers and business partners, warning that the measure could make it harder for some small businesses in France to compete against foreign rivals. See below for further details. FJM 6.8.19…
We’ve had Lux Leaks, then the Panama Papers and Paradise Papers (see related Tax Technical article). On 23 July 2019, the International Consortium of Investigative Journalists (ICIJ) published an article about the ‘Mauritius Leaks’. See below for further detail. FJM 6.8.19 [Tax Month – July 2019]
On 2 August 2109, Mr Justice Steward, of the Federal Court (Melbourne Division) found for the Commissioner in these related cases, disallowing claimed foreign exchange losses and a claimed capital loss. See below for more detail. FJM 6.8.19 [Tax Month – August 2019]
On 2 August 2019, the Federal Court (NSW Division) decided against a taxpayer, who had claimed that the portion of his profit share payments, that related to his service in Switzerland, but received whilst resident in Australia, were not s23AG exempt. See below for further detail. FJM 6.8.19 [Tax Month – August 2019]