Review of ‘venture capital’ tax concessions – Government releases ‘terms of reference’ on 7 July 2021 for report near end of 2021

On 7 July 2021, the Government has announced the Terms of Reference for its review into the tax treatment of venture capital, to find out if the current tax concessions support genuine early stage Australian start-ups. The review will be undertaken by Treasury and Industry Innovation and Science Australia (IISA). The review, announced in the lead up…

Australia’s ‘Patent Box’ announcement in the May 2021 Federal Budget – Treasury issues ‘Discussion Paper’ on its design and seeks submissions by 16 August 2021

On 11 May 2021 (in the Federal Budget), the Australian Government announced that it will introduce a ‘patent box’ for corporate income associated with patented inventions in the medical and biotechnology sectors. The patent box will apply to companies for income years commencing on or after 1 July 2022 – in relation to patents issued…

CofT v Ross – Assets betterment assessment: ATO and taxpayers both win and matter remitted to the AAT (significant appeal issues considered)

On 9 July 2021, the Federal Court has held that, although the AAT misapplied the principles relating to the onus of proof, placed on the taxpayers, there was a real and substantial risk that the AAT’s ability to assess the issues was impaired. The Court therefore remitted the matter for a re-hearing. The decision has…

Taxpayers apply for special leave to appeal to the High Court in the Peter Greensill Family Co Pty Ltd and N&M Martin Holdings Pty Ltd cases

The taxpayers have filed an application for special leave to appeal to the High Court from the Full Federal Court decision in Peter Greensill Family Co Pty Ltd (Trustee) v FCT; N & M Martin Holdings Pty Ltd v FCT, which were heard concurrently [2021] FCAFC 99 (see related TT article). See below for further details. [Tax…

Four reasons for ‘donations’ to charities and not-for-profits not being deductible – but one of them accounts for two-thirds of adjustments

On Wed 14.7.2021, issued a release reminding taxpayers to make sure they have a record of the donations they are claiming this tax time. There are 4 reasons a donation might not be deductible, but according to the ATO, nearly two thirds of the deduction adjusted last year, were because the taxpayer could not prove…

Consultation on voluntary ‘Transparency Code’ for Australian Charity sector involved in ‘natural disaster’ relief (submissions by 13.8.21)

The Federal Government is consulting on a voluntary ‘Transparency Code’ for the Australian Charity sector in relation to funds received from the public for natural disasters (such as the ‘Black Summer’ bushfires in late Dec 2019 and early 2020). A key issue is a mismatch between the expectations of donors around how their funds would be…

ATO’s Tax Practitioner Stewardship Group – 6 July 2021 Meeting – ‘TAX TIME 2021’ review for Tax Agents

On 6 July 2021, the ATO’s Tax Practitioner Stewardship Group met, to review matters of particular interest to Tax Agents, in commencing the 2020-21 income tax return lodgement season. There is a collection, here, of information and links, which Tax Agents ought to find useful. See below for further detail. [Tax Month – 2021]    …

COVID-19 support package for Victorian ‘Lockdown #5’, updates NSW ‘Lockdown #2’ package, which updated the original package for Victoria’s ‘Lockdown #4’

As a result of the snap lockdown imposed on Victoria on 15 July 2021, the Prime Minister announced a set of additional support measures for businesses and workers on 15 July 2021. The measures for shorter lockdowns have been approved by National Cabinet and will apply to all States and Territories henceforth. See below for further details. [Tax Month…