Tag Archives: Peter Murray

Talking Tax – Issue 168

Legal professional privilege – a shield but not a sword

The High Court in the case of Glencore International AG & Ors v Federal Commissioner of Taxation [2019] HCA 26 has unanimously rejected an application for an injunction brought by the Glencore Group (Glencore) to restrain the Federal Commissioner of Taxation (Commissioner) from using documents that were released as a part of the ‘Paradise Papers.’

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Talking Tax – Issue 161

The Taxpayer by a nose: the extended definition of ‘employer’ under the SGGA

In Scone Race Club Limited v Commissioner of Taxation [2019] FCA 967, Justice Logan of the Federal Court of Australia, allowing the appeal, concluded that Scone Race Club Limited (Taxpayer) was not deemed to be an employer under section 12(8)(a) and (b) of the Superannuation Guarantee (Administration) Act 1992 (Cth) (Act). Consequently, the Taxpayer was not liable to make superannuation contributions to jockeys in respect of fees for riding in horse races and barrier trials.

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Talking Tax – Issue 160

PCG 2019/4 and the practical implications for retirement village operators

The Australian Taxation Office released Practical Compliance Guideline (PCG) 2019/4 on 12 June 2019 which explains the Commissioner of Taxation’s compliance approach to how certain liabilities (i.e. ‘lease surrender liabilities’ and/or ‘increase entry price’ liabilities) are to be treated when a retirement village operator leaves an income tax consolidated group, and where the value of such liabilities has increased between the operator joining and leaving the group. PCG 2019/4 relates only to the treatment of the increase in the liability, which is taken through the entity’s profit and loss account – at which point no deduction is available

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Talking Tax – Issue 156

ATO view on Qian v FCT

In its Decision Impact Statement (DIS) regarding the decision of the Administrative Appeals Tribunal (AAT) in Qian and Commissioner of Taxation [2019] AATA 14 (Qian), the ATO clarifies that it does not support the contention that Qian is authority for decisive or predominant weight being given to a worker supplying their own vehicle when assessing whether they are an independent contractor or an employee.

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2019 Federal Budget insight

With a forecast surplus for 2019-20, the first time in over a decade, of $7.1 billion, Josh Frydenberg’s 2019 Budget is a not too subtle election budget. Surplus is forecast into the future with government debt eliminated by 2029-30.

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Foreign State tax surcharges on Australian property: what can you do about it?

Have you been assessed or think you might be assessed with a surcharge rate of duty or land tax as a foreign person?

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Talking tax – Issue 148

Single entity rule confirmation from the ATO

On 30 January 2019, the ATO issued TR 2004/11A1 as an Addendum to ruling TR 2004/11 on the interaction of the tax consolidation ‘single entity rule’ in the context of applying the tax anti-avoidance provisions contained in Part IVA of the Income Tax Assessment Act 1936 (Tax Act) (Addendum).

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Talking Tax – Issue 134

Case law

Unexplained loans and income tax assessment

In Hourigan and Commissioner of Taxation (Taxation) [2018] AATA 3369 an individual taxpayer was partially successful in proving amended assessments were excessive, having contended that various unexplained bank deposits were predominantly received as loans from his father.

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Talking Tax – Issue 129

ATO updates

Draft Guidelines for Enterprise Tax Plan

The ATO has issued draft Practical Compliance Guideline PCG 2018/D5(Draft Guideline) to provide clarity for corporate tax entities regarding the compliance and administrative approaches to determining the appropriate corporate tax rate or rate for dividend imputation purposes, applying to the last three financial years.

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Talking Tax – Issue 123

Case law

NSW Payroll Tax: appeal dismissed in Cessnock Tyres P/L v CCSR [2018] NSWCATAP 147

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