What happened in tax since December

Written by TaxCounsel Pty Ltd
following points highlight important federal tax developments that occurred
since December 2018.
month, these developments are considered in more detail in the 'Taxing Issues'
column of Taxation in Australia,
the Institute's member journal.
flat arrangements
The Board of Taxation to undertake a review
of the tax treatment of granny flat arrangements and recommend any potential changes.
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.
tax treaties
The Multilateral Convention to
Tax Treaty Related Measures to Prevent Base Erosion and
Profit Shifting
entered into force in Australia on 1 January 2019.
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.
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.

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

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.
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.
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
 is continually ranked as Australia's leading tax journal.
Published 11 times per year and available exclusively to members in hard
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