A taxpayer has appealed to the Federal Court against the decision in AAT Case [2014] AATA 854, Re Agius and FCT. In that case, the AAT held the taxpayer was not a resident of Australia for the years in question, but he did derive Australian-sourced income. [LTN 242, 15/12/14]
The taxpayer has lodged an application for special leave to appeal to the High Court against the decision of the Full Federal Court in SPI PowerNet Pty Ltd v FCT [2014] FCAFC 36. The majority of the Full Court (Davies J dissenting) had dismissed the taxpayer’s appeal and held that payments it made to the State…
A Deputy Commissioner of Taxation has been successful before the Qld District Court in seeking summary judgment against an individual for a director penalty arising from unpaid PAYG liabilities of a company. The individual did not contest most of the material facts relied upon by the Deputy Commissioner. He accepted that the company failed to…
The AAT has dismissed a taxpayer’s application that he was entitled to include in the cost base of a Queensland property construction costs of id=”mce_marker”78,000 he incurred under a contract he entered with his own company. However, the AAT found the taxpayer’s claims lacked substance for several reasons including the following. The construction contract was…
The AAT has upheld default assessments against husband and wife taxpayers. The AAT said that in 2010, the husband was found guilty of the offence of carrying on the business of unlawfully trafficking in a dangerous drug and was sentenced to imprisonment for 8 years. Part of the Crown case was that during those years…
In a lengthy decision handed down on Fri 19.12.2014, the Federal Court has found that 5 companies were resident of Australia and liable to pay tax here on the proceeds of the sale of shares in ASX listed entities. This case concerned appeals from decisions of the Commissioner disallowing 5 taxpayers’ objections to a number…
The Federal Court has dismissed the taxpayers’ appeal and held that costs incurred in flying employees from Perth to Geraldton and back for a rail upgrade construction project were not deductible. The Commissioner contended that “fly-in fly-out” (FIFO) employees are undertaking another form of journey to and from work, it having long been established that…
The Federal Court has dismissed a taxpayer’s appeal against an AAT decision that had confirmed the taxpayer, an automotive repair company, was not entitled to deductions for contributions paid to an off-shore “employee welfare fund” in the 1998 and 1999 years, nor resultant carried forward losses in the 1999 income year. The taxpayer and a…
In a decision handed down on Tue 9.12.2014, the Full Federal Court allowed the Commissioner’s appeal and found that the taxpayer was liable for FBT in relation to parking provided to employees at a Canberra airport. At the same time, it dismissed the taxpayer’s appeal in regards to FBT liabilities with regards to car parking…
In a decision handed down on Thur 4.12.2014, the Full Federal Court unanimously allowed the Commissioner’s appeal from the decision in [2014] AATA 155 Re Macoun and FCT, effectively finding that an early retirement pension received by a resident taxpayer from the World Bank was not exempt from Australian income tax. The AAT had ruled…