Category Archives: Tax Month – July 2020

Dental Corporation Pty Ltd v Moffet – Dentist working under a ‘services agreement’ was not an “employee” at common law but was under the extended meaning in s12(3) of the SGC Act

The Full Federal Court has ruled that a dentist working under a services agreement was not an employee at common law but was an “employee” pursuant to the extended meaning of that term in s 12(3) of the Superannuation Guarantee (Administration) Act 1992 (SGAA) – which includes persons working under a contract wholly or principally “for”…

NSW: land tax discount for new build-to-rent housing projects to be introduced together with Housing Diversity Policy

On Wed 29.7.20, NSW Treasurer Dominic Perrottet and Minister for Planning and Public Spaces Rob Stokes has issued a joint release announcing that the NSW Government will be introducing a land tax discount for new build-to-rent housing projects until 2040 and a new Housing Diversity State Environmental Planning Policy (SEPP) to provide more housing options to boost construction and…

JobKeeper 2.0 – Treasury’s ‘Fact Sheet’ explaining the extended regime – 6 months, benefit level stepped down twice, 2 tiers in each depending on hours worked

On 21 July 2020, the Government announced that it would extend JobKeeper by 6 months – ‘JobKeeper 2.0’ as many call it. It would be stepped down over two more quarters, each with 2 tiers, depending on whether the employee or self-employed ‘business participant’ worked more or less than 20 hours a week. The ‘decline…

JobKeeper 1.0 reprised – ‘Fact Sheet’ updated to 21 July 2020 – announced to be continuing until replaced by new JobKeeper 2.0

At the time of announcing ‘JobKeeper 2.0’ the Government also announced that the existing JobKeeper arrangements (JobKeeper 1.0) will continue unaltered, through to the end of the last fortnight: 28 September 2020. It is worth, therefore, revisiting the terms and requirements of JobKeeper 1.0 as they changed over time, up to this point. See below…

Apple wins EU court case over $21 billion in taxes alleged to be underpaid under illegal preference deal with the Irish Government

On 15 July 2020, Raf Casert of the Sydney Morning Herald filed a story headed Apple wins EU court case over $21 billion in claimed taxes, which reported the outcome of the appeal by the Irish Government, stating “Ireland has always been clear that there was no special treatment provided” to the US company” (despite allowing it…

JobKeeper 2.0 – Treasury website page introducing the 6 month, stepped down, two tier extension of the existing benefits

On 21 July 2020, the Federal Treasury uploaded a ‘JobKeeper Payment’ page on its website, summarising the JobKeeper regime, with links to the various elements in defining the benefit – including to the extension of the benefit, for 6 months, announced on the same date. See below for details. [Tax Month – July 2020]

JobKeeper 2.0: what’s different, what’s not; the Economic Statement and Update: the figures and policy decisions made since the December 2019 MYEFO

On Friday 24.7.20, The Tax Institute published their Senior Advocate’s Report in their weekly TaxVine newsletter (No.28) entitled JobKeeper 2.0 and the ‘eye-watering’ Economic Statement. It canvasses the announced extension and redesign of JobKeeper (what’s different and what’s not); the Governments ‘Economic Statement’ and its implications and then lists policy decisions the Government has made after…

Treasury’s review of the JobKeeper Program after 3 months in operation – concluding it helped and should be extended

Treasury completed a three-month review of the JobKeeper Payment in June 2020, informed by the status of the Coronavirus outbreak and the economy and on 21.7.20 and released it to the public on 21 July 2020. This was at the same time as announcing a reduced extension of the JobKeeper program (see related TT article).…

TPB bans agent for sustained and systemic SMSF Auditor Registration misuse – saying 170 funds were audited (when they were not)

On 16 July 2020, the Tax Practitioners Board issued a media release saying it had struck off a tax agent who lodged more than 170 returns for self-managed superannuation fund (SMSF) clients, where he claimed the funds had been independently audited, but the investigation found no audit had been conducted. See below for details. [Tax Month…

2020 Income Tax Returns – record number lodged and $1b refunded in first 2 weeks; three main 2020 lodgement issues to date; Working from home shortcut extended

On 16 July 2020, the ATO posted an article advising that record numbers of returns have been lodged in the first 2 weeks after the end of the 2019-20 financial year, $1b of refunds have issued; the three main 2020 lodgement issues arising to date and a reminder that the ‘working from home shortcut’ has…