News

SUPERANNUATION – self-managed superannuation fund – trustee’s failure to comply with regulatory requirements in relation to in-house assets – acquisition of an asset from a related party – loan to a related party – sole purpose test – decision to issue notice of non-compliance – meaning of money-decision affirmed. SUPERANNUATION – self-managed superannuation fund – decision to disqualify Applicant as trustee of self-managed superannuation fund – nature, seriousness and number

PRACTICE AND PROCEDURE – construction of procedural timetabling order which set aside “all extant orders” – whether that order discharged an interlocutory injunction on foot – whether context and purpose of the court’s order can be considered in construing the order – operation of an order under r 39.05 of the Federal Court Rules 2011 (Cth) nunc pro tunc – whether declaration should be made as to meaning of court order – whether the order can or should be amended to include a

TAXATION – income tax – Applicant made statements regarding cash income to Western Australia Police during Police interview – Police froze $79,545 cash found in Applicant’s home and car – Police referred Applicant to Australian Taxation Office – default assessments of income tax for 2011 and 2014 income years – default amended assessments of income tax for 2012 and 2013 income years – assessment of penalties – whether default income tax assessments were excessive – whether ad

Appeal from: NGFZ v Federal Commissioner of Taxation [2019] AATA 5410 TAXATION – onus of proof – appeal under s 14ZZ of the Taxation Administration Act 1953 (Cth) – where Commissioner adopted asset betterment approach – where applicants submitted assessments were excessive – whether on appeal applicants had discharged onus of proof pursuant to s 14ZZK TAA – where applicants contended that taxable income as declared was accurate – where applicants made submissions capable of

TAXATION – research and development tax offset – activities relating to development of soil treatment facility – whether activities were “core R & D activities” or “supporting R & D activities” within the meaning of Division 355 of the Income Tax Assessment Act 1997 – analysis of expert evidence – decision set aside. Full decision here.

Appeal from: Apted and Commissioner of Taxation [2020] AATA 5139 TAXATION – application for Coronavirus economic response payment (jobkeeper payment) – whether respondent eligible for jobkeeper payment – whether respondent “had an ABN on 12 March 2020” within the meaning of s 11(6) of the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 (Cth) (CERP Rules) – where respondent was not registered for an ABN on 12 March 2020 – where respondent was later reg

COSTS - where appeal by applicant against objection decision dismissed - where parties unable to agree costs - where Commissioner of Taxation made unconditional concession days before hearing - order made to award Commissioner percentage of costs up until date of concession. Full decision here