Category Archives: Tax Month – December 2021

IGTO’s ‘IGoT News!’ – edition 18 released – Rights to Complain; Taxpayers Charter; data on ATO review decisions; regional investigations; Auditor-General on ATO & TAGs; ATO Complaints

The Inspector-General of Taxation and Taxation Ombudsman (IGTO), Karen Payne, has released edition 18 of the IGTO’s newsletter – “IGoT News”. This edition provides: a summary of the IGTO report, Effectiveness of ATO communications of Taxpayers’ Rights to Complain, Review and Appeal, which was released in October 2021; a reminder of IGTO’s thought leadership paper, A Brief…

Advanced Holdings Pty Limited atf The Demian Trust v CofT – High Court dismisses taxpayer’s application for special leave to appeal – paying debts not deductible

The High Court has dismissed the taxpayer’s application for special leave to appeal from the decision of the Full Federal Court in Advanced Holdings Pty Limited atf The Demian Trust v FCT [2021] FCAFC 135. The Full Federal Court decision, which now stands, had: upheld a decision that a joint venturer did not have a…

DCT v Huang – High Court upholds worldwide freezing order, despite there being no reasonable prospect of the ATO being able to enforce its debt in China

On Wed 8.12.2021, the High Court allowed the Deputy Commissioner of Taxation’s appeal from a decision of the Full Court of the Federal Court of Australia, validating the world wide freezing order, the Deputy Commissioner, obtained in the Federal Court at first instance.     DEPUTY COMMISSIONER OF TAXATION v CHANGRAN HUANG [2021] HCA 43…

ATO’s corporate tax transparency report for 2019-20 released – 2,370 big entities paying $2.8 trillion in tax

On Friday 10.12.2021, the ATO today published the Corporate Tax Transparency Report 2019-20. It is the seventh annual report on corporate tax transparency (and is designed to inform public debate about the corporate tax system. It analyses aggregated data from the 2019–20 income tax returns of some of the largest corporations operating in Australia. It describes changes…

Typical Medical Clinic structures now exposed to payroll tax on remitting balance of fee collected as agent after deducting their service charges

Since the decision of the Court of Appeal of the Supreme Court of Victoria in September 2019 in Commissioner of State Revenue v The Optical Superstore Pty Ltd [2019] VSCA 197 (Optical Superstore), there has been considerable uncertainty and concern about the payroll tax position for medical and health practices. A recent decision in New…

Tax Month – December 2021

T a x  T e c h n i c a l  –  M o n t h l y  N e w s – December 2021 Edition – ‘Tax Developments’ for tax practitioners by a tax practitioner.   Compiled by F John Morgan A member of the Victorian Bar (www.FJMtax.com) Table of Contents ______________________________________________________________________________  …