The AAT has decided that a CGT asset was disposed of for the purposes of CGT event A1 when a Heads of Agreement was executed and not when the formal Contract of Sale was executed. The taxpayer made a capital gain of $704,129 when he sold his interest in a business. He claimed he was…
The AAT has decided that the repayment of a deposit paid upon entering into a contract to buy a retirement village was an assessable recoupment pursuant to s 20-20 of the ITAA 1997. Various entities formed a partnership, whose business included the acquisition, development and management of retirement village facilities. The taxpayer held an interest in…
The AAT has refused a taxpayer’s application for an extension of time to lodge an objection in relation to a capital gain on disposal of shares which occurred in the 2005 year. For the year ended 30 June 2005, the taxpayer lodged an income tax return prepared by her accountants, which included a net capital gain of…
Customs has advised a man was convicted in the NSW Supreme Court on Friday, 1 February 2013 following a Customs and Border Protection prosecution. The 2 men were fined $7,954,914 for cigarette smuggling and importing prohibited tobacco. On 2 August 2007, Customs said the men attempted to import a container they declared to Customs and Border Protection as containing…
The Victorian Supreme Court has granted the Commissioner summary judgment against a taxpayer for outstanding tax and penalty totalling almost $23m. On 20 February 2013, the Supreme Court (Mukhtar J) gave summary judgment for the Commissioner for $22,848,994.13 in tax and penalty. The Court said the assessments arose out of a payment of bonuses made to the taxpayer…
The taxpayer has applied for special leave to appeal to the High Court against the decision of the Full Federal Court in Sent v FCT [2012] FCAFC 187. The Full Federal Court had dismissed the taxpayer’s appeal and held that the full amount of accrued and unaccrued bonus entitlements of id=”mce_marker”1.6m that were instead paid…
The taxpayer has applied for special leave to appeal to the High Court against the decision of the Full Federal Court in Healey v FCT [2012] FCAFC 194. The Full Federal Court had unanimously dismissed the taxpayer’s appeal and confirmed that she was assessable on a capital gain of id=”mce_marker”4m to which she was presently…
The High Court Fri 15.2.2013, refused the taxpayer’s application for special leave to appeal against the Full Federal Court decision in. The Full Federal Court decision, which now stands, had dismissed the taxpayer’s appeal from part of the judgment of Robertson J in Binetter v DCT(No 3) [2012] FCA 704 concerning the validity of a s 264…
The Commissioner has appealed to the Federal Court against the decisions in 2 AAT cases that had identical circumstances – AAT Case [2013] AATA 25, Re Dickinson and FCT, and AAT Case [2013] AATA 26, Re Fabig and FCT. The AAT had held that 2 taxpayers in identical circumstances were entitled to scrip-for-scrip roll-over relief…
The Government on Mon 4.2.2013, announced it would alter the confidentiality of tax information rules for large and multinational businesses so they would be forced to publicly disclose Federal taxes they pay. The Assistant Treasurer said the move was to implement the Government’s intention “to improve the transparency of Australia’s business tax system”. “Large multinational…