On 30 October 2019, His Honour: Justice Logan, in the Federal Court, held that a UK backpacker did not have to pay the ‘backpackers tax’ on her Australian income – because the ‘anti-discrimination clause, in the relevant Double Tax Agreement, prevented it. See also related Tax Technical article. See below for a summary of the…
Financial Synergy Holdings Pty Ltd v FCT – Article in the Australian Tax Forum: Clash of the deeming provisions: pre‑CGT concessions, tax consolidation and policy in the Federal Court
The Australian Tax Forum, published an article about the Full Federal Court decision about the Financial Synergy Holdings Pty Ltd v FCT case – entitled: “ Clash of the deeming provisions: pre‑CGT concessions, tax consolidation and policy in the Federal Court”. This was in Volume 31 (2106) and was written by: Carlos Barros, Eu‑Jin Teo and Sarah…
IGT commences two investigations – factors in growth of undisputed tax debts & ATO systems and processes for dealing with deceased estates
On 31 October 2019, the new Inspector-General of Taxation, commenced two new investigations:
- An investigation and exploration of undisputed tax debts in Australia; and
- Death and taxes: An investigation into ATO systems and processes for dealing with deceased estates
See below for details.
ATO gets ‘freezing order’ for assets of a 2nd Chinese national – Ms Min Wang, to whom the ATO has issued a $103m assessment (her company says its development of 72 story tower in Melbourne is unaffected)
On 30 October 2019, the Australian Financial Review published an article by Janna Mather and Liz Main, titled: Chinese developer’s assets frozen over $100m tax bill.
See below for article.
The ATO boss Chris Jordan surprises Senate Estimates Committee by his attacks on media reports of ATO whistleblowers and power to remove money from taxpayers’ bank accounts, without them knowing
On 23 October 2019, the Australian Financial Review published an article by Tim McIlroy, entitled: ATO boss Chris Jordan attacks whistleblowers.
See below for the article.
‘Backpacker tax’ held to be invalid by the Federal Court – based on ‘non-discrimination’ clauses in a number of our key Double Tax Agreements
On 30 October 2019, the Australian Financial Review published an article by Tom McIlroy, titled: ‘Discrimination based on nationality’: backpacker tax ruled invalid. This is about the effect of non-discrimination clauses in various key Double Tax Agreements (DTAs). See related Tax Technical article. See below for the article. FJM 5.12.19 [Tax Month – October 2019] …
OECD proposes a ‘Unified Approach’ to taxation of multi-national’s income that might well succeed – allowing destination jurisdictions to tax local sales without any physical presence
On Tuesday 15 October 2019, the Australian Financial Review published an opinion piece, by contributor: Grant Wardell-Johnson, entitled: Global tech needs a global tax. There is a path now. This comments on the consultation document issued by secretariat of the OECD’s Task Force on the Digital Economy, for a Unified Approach in modifying the current international…
OECD announces a system for global allocation of taxing rights, to include the local market jurisdiction – it might well get up (anyone remember of the friendless ‘Unitary tax’ in the 1980’s?)
On Friday 11 October 2019, the Australian Financial Review published an article by Tom McIlroy, Global tax rewrite is good news for Australia. This is a really significant development.
See below for this article.
On 7 October 2019, the Australian Financial Review published an article, by Tom McIlroy, entitled: ATO appeals $92m Glencore transfer price ruling. This is a reference to the Federal Court transfer pricing decision, in favour of the taxpayer, by Her Honour Justice Davies: Glencore Investment Pty Ltd v CofT  FCA 1432 on 3 September 2019 (see…
On 23 October 2019, the Australian Financial Review published an article by Hannah Wootton and Luke Housego, entitled: Lest Greensill fights ATO over $60m in capital gains.
See below, for the full article.