*Re Perry and FCT – Work-related deduction claims unsubstantiated, so penalty for “recklessness” confirmed [19]

In a decision handed down on Fri 20.9.2013, the AAT affirmed the Commissioner’s decision refusing a taxpayer’s claim for tax deductions for the relevant year. In doing so, it also affirmed the imposition of 50% penalty on the shortfall amount for “recklessness”. The taxpayer’s tax return for the 2011-12 tax year was lodged with the…

*Re Chemical Trustee Limited and Ors v FCT and Chief Executive Officer, AUSTRAC – Wickenby cases: AAT orders release of FOI documents and further review [16]

In a Project Wickenby matter, the AAT has ordered that certain documents be released to the taxpayers and that the Commissioner conduct a further review of his position and determine what further documents should be released to the taxpayers. The AAT said the proceedings were applications for review of decisions made in respect of requests…

*Re Beiruti and FCT – AAT had no jurisdiction to review the ATO’s refusal to give a credit for PAYG deducted, and refused an extension to review [15]

In a decision handed down on Thur 5.9.2013, the AAT has refused a taxpayer an extension of time in which to seek a review of an objection decision made by the Commissioner, concerning disallowance of a credit for withheld PAYG and other expenses. In relation to his 2011 tax return, the Commissioner had disallowed the…

*Re Russell and FCT – Self-education expenses and work-related expenses claims denied for lack of documentation [14]

The AAT has affirmed the Commissioner’s decision denying a taxpayer’s deduction claims for work-related expenses, self-education expenses, and depreciating assets, for the 2002 to 2010 income tax years. The taxpayer, who worked as a network engineer, claimed deductions for self-education expenses and work-related expenses. The latter mainly consisted of home office occupancy and running expenses.…

*Re AP Energy Investments Limited and FCT – Foreign company not liable for CGT on sale of shares in Aust mining company – principal asset test failed [13]

The AAT has ruled that a Chinese company, which made a capital gain of some $4m in the 2007 income year, when it sold 75% of its 21.4% shareholding in an Australian company (“Abra”), was not taxable on that gain. Abra carried on a business of mining exploration and development in Australia. The decision to…

*SPI PowerNet Pty Ltd v FCT Electricity transmission business – deduction for impost refused [10]

The Federal Court has found the imposts under s 163AA of the Electricity Industry Act 1993 (Vic) paid by a taxpayer to the State Treasurer (Vic) were not deductible under s 8-1 of the ITAA 1997 for the relevant years. The taxpayer derived assessable income from providing access to its electricity transmission network in Victoria and held…