Michael Doran

A successful claim for under award wage payments – how to treat?

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A difficult aspect of employment is the unhappy ending. Occasionally cessation of employment will be followed by litigation regarding matters such as unfair dismissal or claims for underpaid wages. In fact, claims for underpaid wages often also occur where employment continues. Once claims are settled and amounts paid to resolve the matter employers then need … Read more

Reportable Fringe Benefits – preparing to report

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As employers prepare 2021/22 FBT returns it is normal practice to simultaneously prepare Reportable Fringe Benefits data attributable to individual employees. Some timely reminders as you go about this task: only where an employee has the requisite more than $2,000 in taxable value of Reportable Fringe Benefits (pre gross up at 1.8868) does an amount … Read more

FBT and electric vehicles – how does it work?

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At our recent TaxEd FBT Roadshow, the treatment of electric vehicles was regularly raised. In particular people wanted to confirm how electric cars are treated for FBT purposes. In short, for now at least, electric cars are treated as per others cars for FBT purposes. The FBT definition or a ‘car’ is taken from section … Read more

Keeping up to date with Land Tax changes

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An area we like to keep our TaxEd members abreast of is land tax, particularly the rules relating to land tax exemptions. In the May 2021 TaxEd Update we looked at a Victorian land tax case involving whether the University of Melbourne was entitled to land tax exemption on certain land that was leased to … Read more

Employee COVID-19 testing expenses: Welcome tax relief confirmed

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In our February 2022 TaxEd Update, we covered the tax issues related to employers providing or reimbursing costs related to employees taking COVID-19 tests (PCRs , Rapid Antigen style tests, etc). In that article, we flagged problems whereby FBT potentially could apply however noted the Prime Minister had made comments indicating the Government would move … Read more

FBT and car parking: Be ready for 1 April 2022

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We have previously focused on the Tax Office’s ruling TR 2021/2  (July 2021 Update and December 2021 Update) and particularly changes to the ATOs view as to what is a ‘commercial car parking station’.  In short the ATO now will treat as a commercial car parking station one that does not have a primary purpose … Read more

How are guarantees treated for GST purposes?

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The following article is derived from a Q&A we received recently. However, in this article we have expanded our response to include a more detailed analysis to the underlying issues identified. Question: Our current process for a bank guarantee is that the payment is made based on the GST inclusive price of the total contract … Read more

Categories GST

Employer-provided parking located near shopping centre car parks: Preparing for the new FBT car parking rules

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We have previously covered recent changes to the ATO position regarding FBT and car parking fringe benefits – refer our July 2021 TaxEd article, “ATO finalises car parking fringe benefit ruling – what’s changed“? The inclusion of shopping centre car parks within the concept of what is a commercial car parking station will bring many … Read more

The Global Citizen Ltd ACNC PBI case – an update

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Overview In our October 2021 TaxEd article we looked at a recent ACNC case regarding the meaning of ‘public benevolent institution’ (‘PBI’) and whether ‘Global Citizen Ltd’ was a PBI. We opened that article with the caution “We will monitor whether the decision gets appealed but in the meantime let’s take a look at the … Read more