What happened in tax since December




Written by TaxCounsel Pty Ltd

The following points highlight important federal tax developments that occurred since December 2018.

Each month, these developments are considered in more detail in the 'Taxing Issues' column of Taxation in Australia, the Institute's member journal.

Granny flat arrangements
The Board of Taxation to undertake a review of the tax treatment of granny flat arrangements and recommend any potential changes.

Resolution of tax disputes
Measures are to be introduced that are intended to make it easier, cheaper and quicker for small businesses to resolve tax disputes with the ATO.

Australia’s tax treaties
The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting entered into force in Australia on 1 January 2019.

Income for fame or image
A public consultation paper has been released in relation to the proposed amendments to tax arrangements for individual income derived from a person’s fame or image.

Withholding tax arrangements
A taxpayer alert has been issued relating to cross-border arrangements where income tax deductions are claimed in Australia on an accruals basis under Div 230 ITAA97, but withholding tax is not paid when deductions are claimed.



Residence of company
A practical compliance guideline has been issued to assist in the application of the principles that are relevant to determining whether a company is resident under the central management and control test.

Aussiegolfa decision
The Commissioner has released a decision impact statement on the decision in the Aussiegolfa case.

Payments under National Redress Scheme
A final determination is to the effect that payments received as a result of an application made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) are not taxable.  

Taxable payments reporting
A draft law companion ruling deals with the expansion of the taxable payments reporting system to road freight, security, investigation or surveillance, and information technology services.

Claiming input tax credits
A draft ruling sets out the Commissioner’s views on the time limits that apply to the entitlement to claim an input tax credit as set out in s 93 -5(1) GSTA.

Credit for “amount withheld”
The Full Federal Court has dismissed an appeal by the Commissioner from a decision of Robertson J in which his Honour upheld a claim by the taxpayer that she was entitled to the benefit of credits for withholding payments from her salary and wages because they were amounts withheld by her employers within the defined meaning of that term.

Garnishee notices
The Federal Court has held that where a garnishee notice is not complied with by the recipient of the notice, this does not give rise to the recipient having a “tax-related liability” which would itself support a garnishee notice.

Foreign income tax offset
The Federal Court has upheld an assessment issued by the Commissioner on the taxpayer on the basis that he was not entitled to a foreign income tax offset in respect of US tax paid on the discount component of a capital gain.

Written by practitioners for practitioners, Taxation in Australia is continually ranked as Australia's leading tax journal.

Published 11 times per year and available exclusively to members in hard copy and digital format, this comprehensive publication features articles with a strong, practical approach to the latest tax issues and professional development.

Members, you can access the latest articles online here.

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