Public

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

Repayment of overpaid salary – can the minor benefit exemption apply?

It is not uncommon for an employee to be overpaid salary and subsequently enter into a repayment arrangement with their employer whereby post-tax deductions are made from fortnightly/monthly salary payments until the amount is repaid. In many of these arrangements, no interest is charged by the employer. In this article we look at whether a […]

Repayment of overpaid salary – can the minor benefit exemption apply? Read More »

Another case, another ‘broader’ view of what is a Public Benevolent Institution?

In a recent AAT case the Australian Charities and Not-for-Profits Commission (‘ACNC’) was unsuccessful in arguing that ‘Global Citizen Ltd’ was not eligible to be registered under the charity sub-type ‘public benevolent institution’ (‘PBI’). Global Citizen Ltd is a very active and interesting organisation and part of the international Global Citizen network. You can getter

Another case, another ‘broader’ view of what is a Public Benevolent Institution? Read More »

Member Q&A – Employee internet upgrade costs, any FBT consequence?

Question In order to comply with COVID Public Health Orders , to allow employees to work from home, we incurred expenditure on upgrading the internet connection at an employee’s home. The expenditure incurred was in excess of the minor benefit limit of $300. Is the expenditure subject to FBT? If so, can Section 58X provide relief

Member Q&A – Employee internet upgrade costs, any FBT consequence? Read More »

Employers: Are you ready for the new ‘stapling of super’ rules?

Under the current super choice rules,  employers are required to offer eligible new employees a choice of superannuation fund in order to meet their superannuation obligations. If a new employee fails to nominate their preferred superannuation fund, an employer can comply with the choice of fund rules, by making superannuation guarantee (SG) contributions on behalf

Employers: Are you ready for the new ‘stapling of super’ rules? Read More »

GST and the margin scheme: Some recent observations

The majority of margin scheme transactions are relatively straightforward. However, various amendments to the margin scheme rules over the years (notably in 2005 and 2008) have seen a range anti-avoidance measures included which add layers of complexity when seeking to determine the two key questions: Am I eligible to apply the margin scheme? and How

GST and the margin scheme: Some recent observations Read More »

How to treat ‘wrongful dismissal’ type employer/employee settlements

It is a fact of life that not all employment arrangements end amicably and sometimes this results in the employer making a payment in settlement against alleged actions of the employer (e.g. wrongful dismissal etc.). Where such a payment is made, a question arises as to the nature of that payment. Is it an Employment

How to treat ‘wrongful dismissal’ type employer/employee settlements Read More »

NFPs: Get ready for annual reporting of self-assessment of income tax exemption eligibility

In the June 2021 Tax Update (click here) we covered an announcement in the 2021-22 Federal Budget that will have widespread application across the not-for-profit sector. The issue is summarised below. 2021–22 Federal Budget announcement As part of the 2021–22 Federal Budget, the Government has announced that it will enhance the transparency of income tax

NFPs: Get ready for annual reporting of self-assessment of income tax exemption eligibility Read More »

Is it really an effective salary sacrifice arrangement?

The concept of ‘salary sacrifice’, or ‘salary packaging’, has been a part of modern remuneration arrangements for many years now. In Taxation Ruling TR 2001/10 (issued way back in 2001) – the ATO outlines what it considers is an ‘effective’ salary sacrifice arrangement. In this article, we explore a recent case that involved a far

Is it really an effective salary sacrifice arrangement? Read More »

Superannuation Guarantee Charge and remission of penalties – the state of play

Despite the best of intentions, employers will from time to time find that they have underpaid/late paid employee superannuation entitlements. Once an underpayment or late payment is identified, corrective action is required. One of the unfortunate consequences is the potential imposition of penalties. It has been almost a year since the super guarantee (SG) amnesty

Superannuation Guarantee Charge and remission of penalties – the state of play 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.