Category Archives: Tax Month – February 2018

Cassaniti v CofT – employee entitled to credits for PAYG amounts “withheld” from her salary or wages, despite her employers not remitting the withheld amounts to the ATO

The Federal Court has ruled that PAYG amounts were “withheld” from a taxpayer’s salary or wages, so that she was entitled to a tax credit, despite the amounts never being remitted to the ATO by her employers. Justice Robertson, summarised the issues and facts this way: The applicant, Mrs Mariolina Cassaniti, seeks declarations that she…

Draft Treasury Laws Amendment (Measures # ??) Bill 2018 – Small Business CGT concession ‘integrity’ measures, on sale of shares or units: ‘see through’ active assets test; new taxpayer requirement; new ‘object entity’ requirement (to carry on business)

On 8 February 2018, Treasury put up, an exposure draft of the Treasury Laws Amendment (Measures # ??) Bill 2018, on its website. This Bill proposes amendments to to deal with ‘integrity’ concerns for the small business CGT concessions‘. The Draft is for consultation, and Treasury will take submissions, until 28 February 2018. [Treasury website: Consultation…

Treasury Laws Amendment (Enterprise Tax Plan Base Rate Entities) Bill 2017 – 80% passive income test (to retain 30% tax/franking rate) passes Lower House with one Government Amendment

The House of Representatives passed the Treasury Laws Amendment (Enterprise Tax Plan Base Rate Entities) Bill 2017  on Thur 8.2.2018, with 1 Government amendment. The purpose of the Bill is to change the basis on which a company can retain the 30% tax rate. This is for companies that otherwise qualify for the lower 27.5% tax/franking…

Treasury Laws Amendment (Enterprise Tax Plan No 2) Bill 2017 passes Lower House – providing remaining 8 years of Government’s reduction in tax rates – down to 25% for all companies

On Thursday 8.2.18, the House of Representatives passed the Treasury Laws Amendment (Enterprise Tax Plan No 2) Bill 2017,  without amendment, and the Bill now moves to the Senate. The Bill provides for the remaining 8 years of the Government’s plan to reduce tax rates down, so that all companies pay tax at a 25%…

Treasury Laws Amendment (2018 Measures No 1) Bill 2018 – introduced – super fund merger relief to 30 June 2020; ATO to approve ‘early releases’; extend cost recovery by Super Levy; payments to members with a ‘terminal disease’

On Wednesday 7.2.18, the Government introduced the Treasury Laws Amendment (2018 Measures No 1) Bill 2018, and on 27.2.2018, the Bill passed the Lower House, unamended. Schedules 1, 2 , 3 & 4 of which propose the following superannuation related amendments. Relief for merging super funds – the Bill proposes to amend the ITAA 1997,…

Treasury Laws Amendment (2018 Measures No 1) Bill 2018 introduced: purchaser GST withholding on residential property commercing 1 July 2018 – including notices by all vendors (whether ‘new’ or not and for vacant residential land)

The Government introduced the Treasury Laws Amendment (2018 Measures No 1) Bill 2018, into the Lower House of Parliament on Wednesday 7.2.2018 and it was passed the Lower House, unamended, on 27.2.2018. In Schedule 5, it proposes amendments to introduce new GST withholding provisions. These provisions will require purchasers of ‘new residential premises’, and of ‘potential residential land’,…

CofT v Hacon Pty Ltd & Ors – Commissioner does not have to give private ruling on Part IVA for proposed restructure – Taxpayer seeks leave to appeal to the High Court

The taxpayers has lodged an application for special leave to appeal to the High Court from the Full Federal Court decision in CofT v Hacon Pty Ltd & Ors [2017] FCAFC 181. The Full Federal Court had held that the Commissioner was entitled to refuse to make a private ruling, under the discretion in s357-110(1)(a) in…