Commissioner of Taxation v Jayasinghe – Commissioner’s ‘Decision Impact Statement’ on High Court decision that income from UN was not exempt

Tax Month - November 2017

Decision: Commissioner of Taxation v Jayasinghe [2017] HCA 26, HCA Case Summary  Judge Name: Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ Judgment date: 9 August 2017 Précis Outlines the ATO’s response to this case which concerns whether a taxpayer held an office in an international organisation within the meaning of subparagraph 6(1)(d)(i) of the International…

ACT duty: land tax – Samani & Anor v Comr for ACT Revenue – land tax assessed as not sufficient evidence Commissioner told property rented not principal residence

Tax Month - November 2017

The ACT Civil and Administrative Tribunal has rejected arguments, by husband and wife taxpayers, that they provided sufficient notice to the Commissioner of ACT Revenue, in relation to their land tax liabilities. It also found that there was no basis for remission of the penalty tax imposed. The husband and wife taxpayers were the owners…

DCT v SMAR Nominees Pty Ltd (in liq) – winding up order, obtained in ignorance of the action, set aside by consent, on evidence of solvency and arrangements to pay the tax and liquidators fees

Tax Month - November 2017

The Federal Court has ordered that a winding up order be set aside on the provisio that a taxpayer pay an amount of unpaid taxes to the DCT as well as liquidator fees. This was done by consent. Background On 13 September 2017, a Registrar of the Court ordered the SMAR Nominees Pty Ltd (SMAR)…

Fastbet Investments Pty Ltd v DCT – taxpayer fails in action to challenge the Commissioner’s demand for mortgage security over each of its parcels of land

Tax Month - November 2017

The Federal Court dismissed an application to review the validity of, and stay the operation of the Commissioner’s decision requiring Fastbet to give mortgage security, over its real estate, under s255-100 of the TAA1. Section 255-100(1)(b) gives the Commissioner power to require a person to give security for the payment of ‘existing and future *tax-related…

NSW: Revenue Legislation Amendment (Surcharge) Bill passed – exemption from Foreign owned purchaser surcharge for development of homes & form of declaration for small business exemption from insurance duty

Tax Month - December 2017, Tax Month - November 2017

The State Revenue Legislation Amendment (Surcharge) Bill 2017 (NSW) was passed by the NSW Legislative Council yesterday [Wed 22.11.2017] without amendment and received Royal Assent on 30 November 2017 as Act No 67 of 2017. The Bill makes various amendments to the Duties Act 1997, Land Tax Act 1956 and Land Tax Management Act 1956, including: an exemption…

NSW State Debt Recovery Bill 2017 introduced – NSW State Revenue Commissioner to be allowed to recover other NSW agency receivables using all his powers (ouch)

Tax Month - November 2017

The State Debt Recovery Bill 2017 was introduced in the NSW Legislative Assembly on 21 November 2017 to implement a whole-of-government approach to debt collection across Government agencies. The NSW Commissioner of State Revenue is to get the power to collect debts on behalf of other State agencies. The idea appears to be: To collect the $130m…

Mendonca and Tax Practitioners Board – AAT held that it had no jurisdiction to review Board’s decision not to investigate a complaint – as it did not relate to ‘tax agent services’

Tax Month - November 2017

The AAT has ruled that it did not have jurisdiction to review a Tax Practitioners Board (TPB) decision not to investigate a complaint about 2 tax agents. Mr Gerard Mendonca, the applicant, sought review of a decision made by the Tax Practitioners Board (“the Board”) on 25 July 2017. In that decision, the Board decided…