Tax

Dear all,

The Federation Press are offering to members of the Association, the book "Tax Effective Writing" by the Hon. Justice Pagone, for the special price of $59.95 (reduced from $79.95).  A brochure explaining the offer is attached.

ADMINISTRATIVE LAW – Administrative Appeals Tribunal – judicial review –Administrative Appeals Tribunal granted non-publication order – application by Commissioner to quash order – whether discretion to grant order should be exercised when pending criminal proceedings related to the same subject matter – whether failed to take into account relevant considerations or took into account irrelevant considerations – whether Tribunal failed to take into account the applicants’ rights to invoke the privilege against self-incrimination – whether Tribunal required to consider whether order would prevent or hinder the Commissioner and officers of the ATO from performing their statutory obligations and if so, whether Tribunal failed to do so – whether no evidence to justify findings that applicants intended to adduce evidence which would tend to incriminate them, that the right to remain silent and the privilege against self incrimination would be effectively removed and that the defence in the criminal proceedings would be compromised – whether Tribunal exceeded its jurisdiction by making non-disclosure order – consideration of prejudice to applicant – jurisdictional error – no evidence – findings of fact not supported by the evidence.  Click here

PETROLEUM RESOURCE RENT TAX – exploration expenditure – exploration expenditure incurred in relation to a petroleum project – payments liable to be made in carrying on or providing “operations and facilities involved in or in connection with exploration for petroleum” – exploration for petroleum in the eligible exploration or recovery area in relation to the project – permit derived production licence – production licence – general project expenditure – operations and facilities preparatory to the activities – feasibility or environmental study – operations, facilities and other things comprising a petroleum project – petroleum project – carrying forward of undeducted expenditure – excluded expenditure – transferrable expenditure – transfer of unused exploration expenditure between group companies – procuring the carrying on of operations by others – Commissioner’s objection decision affirmed in part and set aside in part and remitted to Commissioner for reconsideration in accordance with the Tribunal’s reasons for decision and directions.  Click here

INCOME TAX – Assessments – Notices of amended assessment – Whether notices of amended assessment regarding the same taxation period issued at different times were conflicting and inconsistent

SUPERANNUATION – employee claims employer failed to make proper superannuation guarantee payments – discussion of means by which employee may establish that claim – whether employee may require Commissioner to take steps to establish employee’s claim – where Commissioner does not agree with employee’s claim – Commissioner not obliged to take steps to establish employee’s claim in circumstances
PRACTICE AND PROCEDURE – application for leave to appeal from orders of Federal Court judge to Full Court – whether primary judgment attended by sufficient doubt to warrant it being reconsidered by Full Court – where applicant sought prerogative writs or declaratory relief to require respondent to take steps to recover alleged superannuation contribution shortfalls payable by applicant’s former employer to applicant’s superannuation fund – where applicant argues that respondent has an obligation to take such steps on proper construction of Superannuation Guarantee (Administration) Act 1992 (Cth) – the applicant has no prospect of success on appeal – application refused.  Click here

The TBA is delighted to announce a special seminar to be given by Justice Kerr on “Considerations Relevant to Choice of Forum – Administrative Appeals Tribunal or the Federal Court”.  Please see flyer attached.

Taxation – GST – Application of margin scheme – Anti-avoidance – Respondent representative member of GST group of companies – Where margin scheme applied to supply of units in property development – Where respondent engaged in "scheme" and obtained "GST benefit" – Whether s 165-5(1) of A New Tax System (Goods and Services Tax) Act 1999 (Cth) engaged – Whether GST benefit "not attributable to" making by respondent of choice, election, application or agreement expressly provided for by the GST law.  Click here

INCOME TAX – appeal from the AAT – decision of the appellant to disallow deductions claimed by the respondent for the General Interest Charge (GIC) – AAT held that a GIC expense is incurred at the time at which the GIC become due and payable by the operation of the relevant tax legislation – whether a taxpayer incurs expenditure for the GIC within the meaning of s 25-5(1)(c) of the Income Tax Assessment Act 1997 (Cth) in the years in which the GIC accrues on the tax debts to which it relates or whether it is incurred only when an assessment is issued for those tax debts – the meaning of “incur” in s 25-5(1)(c) of the Income Tax Assessment Act 1997 (Cth) – ongoing significance of assessments in the imposition and recovery of tax and related provisions concerning GIC.  Click here