On 26 July 2019, the District Court of Western Australia gave summary judgement in favour of the Deputy Commissioner of Taxation, in an action to collect amounts from an unrepresented person under the Directors Penalty Notice (DPN) proceedings. See below for details. FJM 6.8.19 [Tax Month – August 2019]
T a x T e c h n i c a l – M o n t h l y N e w s – September 2019 Developments – This is a collection of developments in Australian tax law and practice that occurred in September 2019 which aims to be relevant to tax practitioners.[i] Compiled By F…
T a x T e c h n i c a l – M o n t h l y N e w s – August 2019 Developments – This is a collection of developments in Australian tax law and practice that occurred in August 2019 which aims to be relevant to tax practitioners.[i] Compiled By F…
In another Tax Technical article, I reported on the ATO proposal to amend the Legal Profession Uniform Law to require lawyers to disclose any action by the ATO against them, under the promoter penalties provisions in Division 290 of the Taxation Administration Act 1953 (TAA53). This includes the proposal itself. The ATO made about 2…
On 25 June 2019, the ATO made a submission to the Legal Services Council, that the Legal Profession Uniform Law be amended, to oblige affected lawyers, to disclose any involvement with the ‘Promotor Penalties Provisions’ in Division 290 of the Taxation Administration Act 1953 (TAA53), as a reportable ‘show cause event’ – putting their practising certificate…
On 25 July 2019, the Full Federal Court made an important decision about Division 355 of the ITAA 1997, which sets out the requirements for a Research and Development Tax Offset. In essence it decided that a pilot plant could be relevantly ‘experimental’ and satisfy the requirements for the offset. See below for a summary…
On 25 July 2019, the Full Federal Court held that expenditure on a pilot plant could be relevantly ‘experimental’ so as to qualify as ‘core R&D activities’, for the purposes of Div 355 of the Income Tax Assessment Act 1997. See below for a more detailed analysis of this ‘core’ part of the Court’s decision,…
The hares were set running on Friday 5 July 2019, when the ABC reported the Federal Treasurer had confirmed the measures designed to deny non-residents the ‘main residence’ CGT exemption were still Government Policy (despite being announced in the 2017 Budget, introduced in February 2018 as the Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures…
On 4.7.19, the Government introduced the Treasury Laws Amendment (Combatting Illegal Phoenixing) Bill 2019 into the House of Representatives (see related Tax Technical article). The Bill measures that impact GST – allowing the Commissioner to collect ‘estimates’ of GST, making directors liable for GST and further reasons to delay GST refunds. See below for a summary of these…
The Government introduced the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 into the House of Representatives on Thursday 4 July 2019. Amongst other things, it will affect the way that the Commissioner collects GST and pays GST refunds. See below for a summary of the 4 schedules and the start dates for these measures. FJM…