Miscellaneous

ATO's appeal against decision that UPEs are not "loans" fails

ATO’s appeal against decision that UPEs are not “loans” fails

By Warren Kruger / March 14, 2025 / Comments Off on ATO’s appeal against decision that UPEs are not “loans” fails

The Full Federal Court recently dismissed the ATO’s appeal against an AAT decision that unpaid present entitlements (‘UPEs’) owing by a trust to a corporate beneficiary were not “loans” for Division 7A purposes. A corporate beneficiary had become entitled to a share of the income of a trust for the 2013 to 2017 income years. […]

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Taxpayer's claim for input tax credits unsuccessful

Taxpayer’s claim for input tax credits unsuccessful

By Warren Kruger / March 12, 2025 / Comments Off on Taxpayer’s claim for input tax credits unsuccessful

In a recent decision, the Administrative Review Tribunal (‘ART’) rejected a taxpayer’s claim for input tax credits on the basis that all the relevant GST returns (i.e., BASs) were lodged out of time. For the GST periods from 1 October 2015 to 31 March 2017, the taxpayer filed each of her GST returns more than […]

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ATO "busts" NFP myths

ATO “busts” NFP myths

By Warren Kruger / March 10, 2025 / Comments Off on ATO “busts” NFP myths

Editor: As the Not-for-profit (‘NFP’) self-review return is due in March, the ATO has recently published a document ‘busting’ various NFP ‘myths’. Myth 1: All NFPs are income tax exempt. ATO response: This is not true. Some NFPs are income tax exempt and some are taxable. Myth 2: There is only one way to lodge […]

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Claiming fuel tax credits when rates change

Claiming fuel tax credits when rates change

By Warren Kruger / March 7, 2025 / Comments Off on Claiming fuel tax credits when rates change

Fuel tax credits changed on 3 February, and taxpayers could receive more savings for fuel they have acquired on and from this date. Different rates apply based on the type of fuel, when it was acquired and what activity it is used for. The ATO has the following tips for taxpayers to ensure they are […]

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How to master employer obligations in 2025

How to master employer obligations in 2025

By Warren Kruger / March 3, 2025 / Comments Off on How to master employer obligations in 2025

Taxpayers who employ staff should remember the following important dates and obligations: Fringe benefits tax (‘FBT’) 31 March 2025 marks the end of the 2024/25 FBT year. Employers should remember the following regarding their FBT tax time obligations. They should identify if they have provided a fringe benefit. If they have, they should determine the […]

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penalties imposed for false R&D claims

$13.6m in penalties imposed for false R&D claims

By Warren Kruger / February 12, 2025 / Comments Off on $13.6m in penalties imposed for false R&D claims

A joint investigation involving the ATO found that, between 2014 and 2017, a Sydney business coach promoted unlawful tax schemes encouraging clients to lodge over-inflated, inaccurate or unsubstantiated research and development (‘R&D’) tax incentive claims. The Federal Court recently handed down judgment against the business coach, his company co-director (and former tax agent), and their […]

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