Public

Category assigned to articles which are accessible to the public without membership.

Member Q&A – Are fines issued to members subject to GST?

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 […]

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Land tax exemption – When is a charity exempt from land tax?

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

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ATO finalises car parking fringe benefit ruling – what’s changed?

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

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The Virgin Airlines FBT and car parking case – appealed by ATO

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

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Another ‘contractor’ entitled to superannuation

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

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ATO announces novated lease data matching project

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

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Arrangements to access the FBT remote area housing exemption – what to watch out for

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

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Member Q&A – When can you apply the 1/3rd FBT base value reduction?

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

Member Q&A – When can you apply the 1/3rd FBT base value reduction? Read More »

Enhancing the transparency of income tax exemptions for certain NFPs by way of requirement to submit online annual self review forms

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

Enhancing the transparency of income tax exemptions for certain NFPs by way of requirement to submit online annual self review forms Read More »

This article provides a general summary of the subject covered and cannot be relied upon in relation to any specific instance. It is not intended to be, nor should it be relied upon as, a substitute for professional advice. TaxEd Pty Ltd and any person connected with its production disclaim any liability in connection with any use.