T a x T e c h n i c a l – M o n t h l y N e w s
– August 2021 Edition –
‘Tax Developments’ for tax practitioners by a tax practitioner.
Compiled by F John Morgan
A member of the Victorian Bar (www.FJMtax.com)
Table of Contents
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COVID-19 related matters
- Cessnock Holden Central Pty Ltd v CofT – Company formed after 1 March 2020 did not qualify for JobKeeper payments
- The economic cost of Covid ‘lockdowns’ – finally someone’s done the modelling and the result is ……
- ACT Covid-19 ‘lockdown’ relief packages announced – jointly Federal and Territory funded
- Tasmania – $20m Covid support package for key industries hit by pandemic related government restrictions
- Effect of post 21.8.21 Victorian Covid restrictions on barristers’ (and other lawyers) attending place of work and access to childcare etc.
- Stay at Home Directions (Victoria) (No 7) – from 27.8.21 deprive ‘Authorised Workers’ (including lawyers) of access for informal ‘child-minding’ once their child is of school age
- ACT: COVID-19 support measures extended with lockdown to 17 Sept 2021 – increased by $10,000 for employing businesses and $3,500 for non-employing businesses where those businesses’ turnover has declined by 30 per cent
- ‘Childminding’ for Victorian Covid ‘Authorised Workers’ – 4th change in restrictions in 12 days – ok if child enrolled in primary school
Legislation
Acts & Bills
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Announcements & Drafts
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Cases
High Court
- High Court – WorkPac Pty Ltd v Rossato – FFC overruled and Mr Rossato held to be not a ‘casual employee’ – primacy of contract could also affect the ’employee’ issue (watch out ‘gig’ economy cases)
- Workpac v Rossato – High Court rejection of ‘casual backpay’ profound and far-reaching
Full Federal Court
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Federal Court
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Administrative Appeals Tribunal (AAT)
- Stark v CofT – Payment in settlement of court case was an ETP – loss of earnings not loss of earning capacity
- Kong v CofT – Seafood business: unexplained cash deposits were ‘income’, extended amendment period & 50% penalties
Other Courts & Tribunals
Appeals
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Rulings
Decision Impact statements
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Rulings
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Determinations
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Law Companion Rulings
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Class Rulings & Product Rulings
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ATO Interpretative Decisions
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Practice Statements
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Practical Compliance Guides
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Tax Alerts
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Other ATO news or statements
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GST
Legislation & Announcements (GST)
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Cases (GST)
- CofT v Burswood Casino – ATO wins appeal – Junket payments and receipts NOT included in Casino’s ‘global GST amount’
- GST – WYPF v CofT – ACT developer could not deduct $77m of ‘Building Works’ under the margin scheme’ but did get a refund for a margin overstated by $29m of ‘Preparatory Works’
Rulings, Etc. (GST)
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Superannuation
Legislation etc. (Super)
Cases (Super)
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Rulings etc. (Super)
State Taxes
Legislation & Announcements (State)
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Cases (State)
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Rulings & Other (State)
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Other Developments
Australian Charities & Not-for-Profits Commission (ACNC)
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Base Erosion & Profit Shifting & OECD
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Board of Taxation
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Inspector General and other external supervisors
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Miscellaneous
- Australian ‘Deliveroo’ rider classed an ’employee’ in Fair Work split
- Deliveroo’s UK share price jumped after UK court rules its drivers are self-employed (after the opposite for Uber Eats)
- High Court bolsters gig economy in employment fight (whilst overturning the FFC and determining an employee to be ‘casual’)
- AASB 112 Income Taxes, current and future tax consequences – compiled Standard applies on or after 1 July 2021
Tax Articles
Tax Practitioners Board
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