T a x T e c h n i c a l – M o n t h l y N e w s
– September 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
- QLD: Tourism industry boost announced – 25.9.2021
- COVID-19 Disaster Payment phase out announced – based on National Cabinet vaccination milestones by State and Territory (29.9.21)
- Vic: Additional funding for COVID-19 re-opening – Business Costs Assistance; Licensed Hospitality; Small Business Hardship
- ACT: Additional COVID-19 business grants announced – Business Grants; Tourism, Accommodation Provider, Arts, Events, Hospitality & Fitness Grants program
Legislation
Acts & Bills
- Senate Committee report on film offset changes in No 5 Bill
- Treasury Laws No. 5 Bill inflames the the post-production, digital and visual effects industry
- Treasury tax and super miscellaneous amendments (No 2): draft legislation
- OBUs and DGRs: proposed Senate amendment to Measures (No 2) Bill 2021
- Bill (No 6) 2021 passes Parliament with no amendments – actuarial certificates; family law super info; electricity refunds
- Innovation and Science Australia to be renamed: Bill passes Parliament
- Update to countries in information exchange arrangements: Regs registered
Announcements & Drafts
- Income tax, bracket creep – trade off between returning it and paying down debt: Parliamentary report
- Final Budget Outcome 2020-21 shows $26.8bn improvement – Lower deficit and net debt; Higher company, individuals, super fund and GST receipts
- Review of insolvency safe harbour for company directors: consultation paper for final report
Cases
High Court
- High Court holds that using social media made a person potentially liable for 3rd party allegedly defamatory ‘comments’ on a news article – by ‘facilitating’ its publication
- Fairfax, Nationwide & Australian News v Dylan Voller – news outlets social media pages left them potentially liable for ‘publishing’ 3rd party allegedly defamatory comments
Full Federal Court
Federal Court
- Legal Professional Privilege ‘carve-out’ from obligation to produce information – ATO, PwC & Amicus Curiae ‘duke it out’ in the Federal Court (with client: JBS looking on) – be part of the action: ‘fun for everyone’
- Legal professional privilege – a background briefing, to the ATO’s Federal Court challenge to PwC’s claims (relating to its work for client: JBS)
Administrative Appeals Tribunal (AAT)
- Mfula v CofT – Locum surgeon denied deductions for travel expenses
- Ballintine v CofT – Tax debt not waived as taxpayer “substantially responsible”
- MJ and IT Holdings Pty Ltd v CofT – Scheme to increase amount of cash flow boost stymies taxpayer
- McAuliffe v CofT – Application to review successful objection dismissed
Other Courts & Tribunals
- Trio sentenced to jail for illegal phoenix operation
- Another person charged in fraud and money laundering investigation
Appeals
- Coal of Qld Pty Ltd – High Court dismissed taxpayers leave for appeal – not R&D
- Taxpayers: Joubert & Doyle – discontinue appeals to Federal Court – Singapore worker resident; profit on development land was income
Rulings
Decision Impact statements
Rulings
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Determinations
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Law Companion Rulings
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Class Rulings & Product Rulings
ATO Interpretative Decisions
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Practice Statements
Practical Compliance Guides
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Tax Alerts
Other ATO news or statements
- Claiming Legal Professional Privilege: ATO releases its draft protocol for consultation (no joint protocol with LCA)
- First-time share and ETF investors: ATO worksheet
GST
Legislation & Announcements (GST)
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Cases (GST)
Rulings, Etc. (GST)
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Superannuation
Legislation etc. (Super)
Cases (Super)
Rulings etc. (Super)
- ATO extends COVID-19 relief for SMSFs for one more year – to 2021-22
- Super investment governance: APRA revisions proposed for SPS 530
- Super “work test” – APRA FAQs – post ‘JobKeeper’ Covid relief recipientsare NOT automatically ‘gainfully employed’
- SMSF sector performance during COVID-19 held up well: Class benchmark report
- MySuper default insurance and occupational exclusions: Treasury consultation paper
- Super COVID-19 re-contributions: ATO approved form finalised
- SMSF auditor referral fees: concerns about proposed changes to APES 110
- APRA super data reporting: staged implementation update
State Taxes
Legislation & Announcements (State)
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Cases (State)
Rulings & Other (State)
Other Developments
Australian Charities & Not-for-Profits Commission (ACNC)
Base Erosion & Profit Shifting & OECD
Board of Taxation
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Inspector General and other external supervisors
- IGTO’s report on ATO’s JobKeeper enrolment deferral decisions – should have applied the ‘fair and reasonable threshold’ (not ‘exceptional circumstances’)
- IGTO’s survey results on ATO communication of taxpayers’ rights – 60% unaware of ‘ATO Complaints’
- IGTO’s IGoT News! edition 17 released – reporting tax debts to credit bureaus, undisputed tax debts (and more … )
Miscellaneous
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Tax Articles
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