T a x T e c h n i c a l – M o n t h l y N e w s
– February 2020 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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Tax Articles
- ATO kicks back on Centrelink’s ‘robodebt’ practice of collecting these purported debts from welfare recipient’s tax refunds
- An EU problem of shareholders getting a double refund of underlying tax, from 2006 to 2011, worth the euro equivalent of $A90 billion – the role of morality in legal interpretation
Legislation
Acts & Bills
- Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 passes Parliament with Senate amendment for 5 year review – attacking ‘creditor-defeating dispositions’, collecting GST estimates and withholding GST refunds
- Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 receives Royal Assent (on 17.2.20)
- Income Tax Assessment Amendment (Exploration for Minerals) Regulations 2020 – Exploration credits allocations for 2020-21 increased by $5m
- Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 – Senate inquiry into Bill which would also change s26-52 prohibition on deductions for foreign bribes (to follow the changes it makes to the criminal law)
Announcements & Drafts
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Cases
High Court
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Full Federal Court
Federal Court
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Administrative Appeals Tribunal (AAT)
- Coal of Queensland Pty Ltd v Innovation and Science Australia – R&D – surveys and drilling activities by coal miner were ‘ prospecting, exploring or drilling for minerals’ and not ‘core R&D activities’ under s355-25(2)(b)
- Moltoni v CofT – Commissioner’s refusal to revoke DPO upheld – taxpayer bankrupted over $36m tax liability arising from him being personally assessed on a $21m payment from a company the infamous Mr Oswal controlled to a BVI company the taxpayer controlled
- Schiele v CofT – German working holiday maker not a resident for tax purposes
Other Courts & Tribunals
Appeals
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)
Cases (GST)
- CofT v Travelex Limited – in a test case the FFC held that taxpayer entitled to interest on the refund of overpaid GST back to 2009 rather than 2012 under the detail in the RBA provisions
- Dobie v CofT – Taxpayer not entitled to input tax credits – lack of documents, on NewStart, not entitled to be registered for GST and 25% penalty correctly imposed
Other (GST)
- GST anniversary: a time to celebrate – or consider a ‘Retail Sales Tax’, which is simpler and has greater integrity – as there are no refunds of input tax credits and no compliance & payments at every stage of supply chain
- Directors Penalty Notice (DPN) regime commences to apply to GST etc on 1 April 2020 – K&L Gates FAQs
- Delays in ATO processing GST property credits – two errors ATO is seeing from lawyers and conveyancers that are contributing to this
Superannuation
Legislation etc. (Super)
Cases (Super)
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Other (Super)
- Superannuation – canvassing the very current issue of whether the SGC minimum employer contributions should continue to increase to 12% and other suggestions to increase employee engagement with super
- Government remains committed to increase the SMSF member limit from 4 to 6 but also to increased flexibility measures for members from 65 to 70 years of age
- Self-managed superannuation fund (SMSF) investment strategy – ATO guidance
State Taxes
Legislation & Announcements (State)
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Cases (State)
Other (State)
Other Developments
Australian Charities & Not-for-Profits Commission (ACNC)
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Base Erosion & Profit Shifting & OECD
Board of Taxation
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Inspector General and other external supervisors
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Miscellaneous
- Arrests made in J5 investigations into money laundering using cryptocurrencies – IRS media releases
- J5 tax chiefs ‘day of action’ and subsequent ‘joint communique’ about closing the net on global tax evasion
Tax Practitioners Board