Clark v CofT – Extension of time to lodge objections refused because taxpayer had poor prospects of proving the deductions he sought to claim

A taxpayer has been refused an extension of time to lodge objections as he would have little prospect of success. See below for further details. [Tax Month – July 2021]     The Facts were these. The taxpayer’s duties required him to travel to, and stay overnight at, various locations in rural Queensland. He was…

A ’round-up’ of the Federal Legislative Tax Program as at 29 July 2021 – Acts, Bills, exposure drafts, consultations, reviews and ATO guidance

This article has a round-up the Federal Legislative Tax Program as at 29 July 2021 including Acts, Bills, exposure drafts, consultations, reviews and ATO guidance. See below for further details. [Tax Month – July 2021]     The attached round-up covers the following. Key Acts enacted prior to December 2020 Key Acts enacted since December…

ASIC v MobiSuper Pty Ltd & Ors – Court finds former super trustee failed to act efficiently, honestly and fairly (outsourcing and preventing misrepresentations)

The Federal Court has ruled that Tidswell Financial Services Ltd breached s 912A(1)(a) of the Corporations Act 2001 by failing to act efficiently, honestly and fairly when providing financial services under its AFS licence in relation to a super fund by outsourcing and failing to prevent misrepresentations. See below for further details. [Tax Month – July…

Corporate Superannuation accounts – ASIC alleges ‘fees for no service’ against against 6 AMP companies ($600k on 1,500 accounts)

ASIC has commenced civil penalty proceedings in the Federal Court against six companies that are, or were, part of the AMP Limited group, alleging these entities charged fees to 1,500 customers, for no service on corporate superannuation accounts, collecting over $600,000. See below for further details. [Tax Month – July 2021]     ASIC sues…

State & Territory Covid relief – ‘technical issues’ considered

There are technical questions that arise, for the NSW Covid lockdown relief (and for other States & Territories, with their equivalent benefits) – things like ‘aggregate annual turnover’; ‘decline in turnover’; ‘maintain employee headcount on 13.7.21’; ‘NSW weekly payroll’ and ‘total annual Australian wages’. There is guidance on this and it’s improving – but it’s…

Good summary of NSW COVID-19 support measures for businesses, sole traders and not-for-profit organisations (at 29.7.21) with links to Victorian & South Australian equivalent relief

There has been a quick succession of improvements in the level of, and eligibility for, COVID support packages for lockdown affected individuals and businesses – funded Federally, for individuals and jointly by the affected State/Territory and the Federal Government. The serious and extended lockdown in NSW, then a shorter one in Victoria (the two biggest…

NSW Government announces (28.7.21) increased and wider COVID-19 JobSaver benefits for NSW businesses – back dated too

The NSW Government, on Wed 28.7.2021, announced changes to a key support measure for businesses impacted by the ongoing lockdown. The changes, for business, affect what the NSW Government terms its JobSaver package. This was a companion announcement, issued on the same day, as the one issued by the Federal Government, of their increased support for individuals (see related…

COVID-19 Disaster Support Payment boosted again – PM and Treasurer’s Media Release (28.7.21) – valuable for NSW

The PM and Treasurer released a joint media release on Wed 28.7.2021, stating “increased financial support for hundreds of thousands of workers in New South Wales will be available from next week as part of the Commonwealth Government’s expanded national COVID-19 Disaster Payment”. See below for further details. [Tax Month – July 2021]    …

New ‘Residency’ Test for individuals – 2021 Federal Budget proposals based on Board of Tax’s 2019 Recommendations

This article reprises, the 2021 Federal Budget proposal, to implement the Board of Taxation’s recommendations, to restructure the tax ‘residency’ tests for ‘individuals’, as a precursor for the Law Council’s July 2021 submissions, to Government, about the modifications, to the Board’s recommendations, that are needed (see relevant TT article). See below for further detail [Tax…

Changes to residency rules for ‘individuals’ – Law Council’s 5.7.21 submission to Government (modifications to Board of Tax Recommendations)

The Law Council of Australia (LCA) made a submission, dated 5 July 2020, to the Assistant Treasurer, about the announcements, in the 2021 Federal Budget, that the Government will move to change the ‘residency’ test, for ‘individuals’, based on the 2019 recommendations from the Board of Tax (see related TT article). The submission suggests various…