On 17 may 2019, the High Court granted the Commissioner of State Revenue special leave to appeal against the decision, of the WA Court of Appeal, in Rojoda Pty Ltd v Comr of State Revenue – against a decision that certain partnership deeds were not dutiable instruments. See below for further detail. FJM 20.5.19 [Tax…
On 15 May 2019, the High Court has dismissed a taxpayer’s application for special leave to appeal against a decision of the NSW Court of Appeal concerning joint and several liability for grouped payroll tax: Fyna Projects Pty Ltd & Ors v Chief Comr of State Revenue. See below for further details. FJM 20/5/19 [Tax…
On 17 May 2019, the German Finance Minister Olaf Scholz said that he expected the OECD will agree a minimum level of taxation for digital companies such as Amazon, Google and Facebook by mid-2020. He also said he expected progress by the third quarter of 2019 on introducing a financial transaction tax in at least…
On 15.5.19, the High Court granted BHP special leave to appeal against the Full Federal Court decision in CofT v BHP Billiton Limited [2019] FCAFC 4 [see related Tax Technical article]. The Full Federal Court had, by a 2-1 majority, allowed the Commissioner’s appeal from the AAT decision in MWYS and FCT [2017] AATA 3037 [see related Tax…
On 16 May 2019, the ATO advised that, the previous day, a Mildura man had been sentenced to six month’s jail, in the County Court of Victoria, for Pay as You Go Withholding (PAYGw) fraud, relating to illegal phoenix activity, in the labour hire for agriculture industry. See below for the full ATO post. FJM 16.5.19…
On 15 May 2019, the High Court held that the AAT was NOT entitled, when reviewing an ASIC decision, to take into account, ‘spent’ crimes, that ASIC was prevented from considering, in the decision that the AAT was reviewing. This case confirms a well understood basis, on which the AAT operates, including in tax appeals.…
BRUSSELS – Reuters reports that the European Union finance ministers are set to remove this week the (1) British overseas territory of Bermuda, (2) the Dutch Caribbean island of Aruba and (3) Barbados from the bloc’s blacklist of tax havens (per an EU official speaking on Mon 13.5.2019). See below for the full article. FJM…
The taxpayer has applied for special leave to appeal to the High Court from the decision of the Full Federal Court in FCT v Resource Capital Fund IV LP [2019] FCAFC 51. In that case, the Full Federal Court upheld the Commissioner’s appeal in relation to the tax treatment of profits made by two US…
On 8 May 2019, Chartered Accountants Australia and New Zealand (CA) made a preliminary submission to the Independent Review of the Tax Practitioners Board (TPB) and the Tax Agents Services Act 2009 (TASA). It sets out a list of 14 things that are NOT working, in Appendix 1. This includes the ‘Interaction between Tax Agent…
The following notices were made by Commissioner’s delegate on Wed 8 May 2019 and registered on the Federal Register of Legislation, on Mon 13 May 2019: The Notice of Requirement to Lodge a Return for the Income Year Ended 30 June 2019 The Notice of Requirement for Parents with a Child Support Assessment to Lodge a…