Articles

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Michael Doran
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August 4, 2021
GST/Public
Question Our organisation is a not-for-profit sports association that operates a league for member clubs. Where a member club has breached certain membership rules imposed by the association the member club is fined. Are these fines subject to GST? Answer A supply will be subject to GST if it meets the requirements of a taxable […]
Rob Power
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August 4, 2021
ATO/General/FBT/Public
Question We are looking at the option of providing ongoing working from home (WFH) arrangements to our corporate staff based on a 3 days in the office/2 days at home, or one week in the office/one week at home cycle. If it is the employee’s choice to work from home for some of the time, […]
Cynthia Voon
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August 4, 2021
Charities/Eligibility/Public
Overview Landowners are generally liable to land tax where the total unimproved value of their landholdings exceeds the prescribed land tax threshold in a particular Australian jurisdiction. However, land may be exempt from land tax if the  relevant land is used for certain purposes, the most notable being land used as the owner’s principal place […]
Steve Griffiths
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July 1, 2021
ATO/General/FBT/Public
On 16 June 2021, the Commissioner issued Taxation Ruling TR 2021/2 ‘Fringe benefits tax: car parking benefits’ (‘the Ruling’), setting out the Commissioner’s views on when the provision of car parking is a ‘car parking benefit’. The final ruling has been a long time coming and completes a process involving the issue of a draft […]
Michael Doran
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July 1, 2021
ATO/General/FBT/Public
In the May 2021 TaxEd Update, we discussed the implications of the recent Virgin Australia Airlines Pty Ltd v FCT [2021] FCA 523 (‘Virgin’)  FBT and car parking case – if you missed the article, click here to have a read. In short, Virgin was successful in establishing it did not have an FBT liability […]
Michael Doran
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July 1, 2021
Eligibility/Payroll/Public
Over recent years, we have produced numerous articles dealing with situations involving whether a ‘contractor’ may be an ’employee’ and entitled to superannuation under superannuation guarantee (SG) rules. Two recent cases Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118 (see September 2020 TaxEd Update) and MWWD v Commissioner of Taxation [2020] AATA 4169 (see […]
Michael Doran
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July 1, 2021
ATO/General/FBT/Payroll/Public/Salary Packaging
ATO announces data matching program on novated leases – employer implications? The ATO has advised it will be undertaking a data matching program with information sourced from novated lease providers in respect of the years 2018-19 to 2022-23. The ATO will source data from the following novated lease providers: Eclipx Group; LeasePlan; LeasePLUS; McMillan Shakespeare […]
Michael Doran
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July 1, 2021
FBT/Public/Salary Packaging
Non-arms length remote area housing arrangements? In 2020, in a three-part series (*links listed at the end of this article) we looked at the various remote area related housing concessions available under the Fringe Benefits Tax Assessment Act 1986 (‘FBT Act’). One of those concessions was the remote area housing exemption. The remote area housing […]
Michael Doran
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July 1, 2021
FBT/Public
Question In getting ready for the 2021/22 FBT year we are just wanting to clarify our understanding around when is it possible to apply the 1/3rd base value reduction for cars on which we calculate FBT using the statutory method? If we commenced to hold the car for the purposes of providing fringe benefits  in […]
Steve Griffiths
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June 3, 2021
Charities/Eligibility/Public
Currently, non-charitable not-for-profits (NFPs) can self-assess their eligibility for income tax exemptions and do not have to report to, or otherwise be endorsed as income tax exempt by the ATO. The type of organisations falling within this group include sports clubs and community service organisations. 2021–22 Federal Budget announcement As part of the 2021–22 Federal […]
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