Roberts v DCT – taxpayer has lodged an appeal against decision that he didn’t have an arguable case for conscious maladministration [31]

The taxpayer has lodged an application for an extension of time in which to lodge an appeal against the decision of Besanko J in Roberts v DCT [2013] FCA 1108. In that case, the Federal Court granted judgment for the Commissioner concerning outstanding tax debts of the taxpayer (default assessments were issued to amend the taxpayer’s…

*Thalia Corporation Pty Ltd v Bentleys (SA) Pty Ltd – Fees paid to accounting firm re ATO audit reduced on appeal [30]

The South Australian Supreme Court has allowed an appeal and reduced the amount payable by a company to its accountants following the company’s claim that its accountants were negligent concerning the preparation of certain of its BASs. The respondent in this case is an accountancy firm which had been retained by the appellant, Thalia Corporation…

*Re Stewart and FCT – Value of stapled securities not assessable; not acquired as part of share scheme [29]

The AAT has found that stapled securities acquired by a taxpayer under a Senior Executive Option Plan (SEOP) were not assessable income, although it did confirm that the taxpayer was taxable on a discount of id=”mce_marker”52,400 that arose under s 139CC(4) of the ITAA 1936 in respect of the shares acquired under the SEOP. The Tribunal…

*Re Walters and FCT – AAT bound by declaration made on appeal by consent (but without reasons) [28]

In a highly technical procedural case, the AAT has accepted that it was clearly bound by a Declaration made by the Federal Court (Gordon J) on 17 October 2013 to the effect that the AAT did not have the power to review the Commissioner’s objection decisions in relation to amended assessments issued to the taxpayers and the imposition…

Re Allboat Transport Pty Ltd and FCT – No remission of administrative penalty for lack of reasonable care in reporting BAS liabilities [26]

The AAT has refused a taxpayer’s request seeking a remission of an administrative penalty. In September 2012, an administrative penalty (approx. id=”mce_marker”1,000) was imposed on the taxpayer on the grounds that the taxpayer had failed to take reasonable care. The penalty was issued after an ATO audit was completed, which had identified that in relation to 8…

*No deduction for legal expenses to fight ASIC banning order and criminal charges in 2011 (earlier private rulings did not bind the FCT) [25]

The AAT has found that legal expenses incurred by a taxpayer in challenging an ASIC banning order prohibiting him from providing financial services for 5 years and in defending criminal charges for alleged insider trading, were not incurred by him “in the course” of gaining or producing assessable income and therefore were not deductible under…

*Re Murray and FCT – Taxpayer had home in Bali, before being arrested on a visit back to Australia – held not resident during visit/detained years [24]

The AAT has held a taxpayer was not an Australian resident for tax purposes during the 2009 to 2011 income years. The Tribunal said there was little dispute about the underlying facts in the proceedings. In June 2006, after release from gaol for drug offences and having no assets, the taxpayer decided he had no future in…

*PTTEP Australasia (Ashmore Cartier) Pty Ltd v FCT – Determination of taxable profit under PRRTAA – crude price determined per contract [23]

The Federal Court has determined the taxing point and consideration receivable by a taxpayer in relation to revenue it received from the sale of petroleum under the Petroleum Resource Rent Tax Assessment Act 1987 (PRRTAA). The Court said the taxpayer was a participant in, and operator of, the Jabiru Challis-Cassini petroleum project in relation to several…