The taxpayers have lodged a notice of appeal to the Full Federal Court against the decision in Oswal v FCT [2013] FCA 745. In that case, the Federal Court has held that the legal effect of the decision of a trustee of a discretionary trust to exercise a special power of “appointment” to make 2…
The Commissioner has lodged a notice of appeal to the Full Federal Court against the decision in The Hunger Project Australia v FCT [2013] FCA 693. In that case, the Federal Court held that the Australian arm of a world-wide organisation operating out of the United States that was aimed at ending world hunger was…
The Supreme Court of Western Australia (in Chambers) has granted the Commissioner’s application for summary judgment against a director of a company for 2 Directors’ Penalty Notices (DPN) amounting to over $850,000 for the company’s failure to remit PAYG amounts to the Commissioner. In doing so, the Court found that the Commissioner had complied with…
A defendant taxpayer has been unsuccessful in his attempt to strike out the Deputy Commissioner’s amended statement of claim to seeking to enforce a judgment debt obtained against the defendant for some $47m. It was seeking to enforce the judgement against 2 properties held by the second defendant, being a related company. The defendants claimed…
The Supreme Court of Victoria has dismissed an application under s 63A of the Trustee Act 1958 (Vic) seeking to vary a family trust to give the trustee a general power of variation. In 1970, Mr Synman created the Alan Synman Family Trust. The trust deed requires the trustee to hold the trust property until the…
The NSW Administrative Decisions Tribunal (ADT) has dismissed an application by the Law Society of NSW calling for a solicitor to be struck off for allegedly delaying superannuation guarantee payments on behalf of her employees. In 2005, the respondent solicitor had received default superannuation guarantee charge (SGC) assessments from the Tax Office for superannuation shortfalls…
The AAT has found that a taxpayer was an Australian resident for the income years ended 30 June 2007 and 30 June 2008. In doing so, it also affirmed the notices of assessment issued by the Commissioner to the taxpayer for the relevant years. The taxpayer was a mechanical engineer who worked in various countries as a contractor accompanied…
The AAT has affirmed a decision of the Commissioner that a taxpayer was a share investor and was not carrying on a business of share trading, and therefore deductions claimed on a premise that a business existed were denied for the relevant years. The taxpayer was during relevant times a full-time council employee. According to…
The AAT has held that an approved worker entitlement fund, which met the requirements of s58PB(2) of the FBTAA, was not a unit trust for the income year ended 30 June 2011. As a consequence, it found that the fund was not entitled to be taxed as a public trading trust. The taxpayer is the trustee of…
The AAT has found that a scheme was implemented by a taxpayer differently from the scheme described in a private ruling and that therefore the Commissioner was no longer bound by it and was authorised to issue the taxpayer with FBT assessments for the relevant years. The taxpayer owned 50% of a property, which contained…