News

TAXATION – Applicant’s income and deductions claimed as locum medical doctor and assistant surgeon - whether claims for work-related car expenses are deductable -whether other work-related expenses are deductable – whether shortfall interest charge be remitted in whole or part – whether section 8-1 applicable to car expenses incurred by Applicant - car expenses incurred by Applicant not incurred for gaining or producing assessable income – car expenses incurred by Applicant n

TAXATION – GOODS AND SERVICES TAX – margin scheme – whether construction of apartments is non-monetary consideration for acquisition of 99-year leases from Australian Capital Territory development authority – whether excess GST passed on – held building works not consideration for acquisition of leases – held excess GST not passed on Full decision here

TAXATION – goods and services tax – bank account methodology audit – was the Applicant required to be registered for GST – did the Applicant make taxable supplies – Applicant’s burden to prove assessment excessive or otherwise incorrect – which assessments were the subject of the objection decision – decision under review affirmed. Full decision here

Appeal from: Crown Melbourne Limited v Commissioner of Taxation [2020] FCA 1295 TAXATION – goods and services tax – gambling supplies – junkets – agreements between casino and junket tour operators – where commissions and rebates were payable by the casino to the junket tour operator or by the junket tour operator to the casino – where, at the conclusion of the junket, a total amount would be payable by the junket tour operator to the casino or by the casino to the junket tou

In this case update, Tax Bar Association member Laura Mills discusses the recent decision of Derrington J in Commissioner of Taxation v Ross [2021] FCA 766, in which the Federal Court considered whether the intervening death of the taxpayer was a matter relevant in the circumstances to the exercise of the discretion to wholly or partially remit an administrative penalty pursuant to s 284-220 of Sch 1 to the Taxation Administration Act 1953 (Cth). A PDF copy of this article is

TAXATION – income tax – objection to tax assessment – administrative penalties – shortfall interest charge – onus of proof on taxpayer – special circumstances – whether payments are loan or income – decisions affirmed Full decision here

TAXATION – income tax – default amended assessments – whether evasion - unexplained bank deposits – onus to prove assessment was excessive and what taxable income should have been – administrative penalty – whether reckless – whether administrative penalty should be remitted – whether shortfall interest charge should be remitted – decision under review affirmed. Full decision here