February 24, 2015
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Andrew Lovett

Question:

Relax – The Commissioner will look after you!

Answer:

Recent changes are outlined below:

July 1, 2022

  • Loss carry back for eligible companies extended to cover 2023 income year.
  • Professional firm profits diverted to the professional's spouse or other associates to be reviewed under new Tax Office guidance.
  • Corporate collective investment vehicle legislative regime introduced.
  • Temporary full expensing of depreciating assets extended to include 2023 income year.
  • Depreciable assets of a company joining a tax consolidation group have tax costs setting rules modified for assets depreciated under temporary full expensing rules.

December 9, 2021

  • Reduced Pandemic leave disaster payment of $750 per week made available through to 30 June 2022.

August 5, 2021

  • COVID-19 Disaster Payments are non-assessable non-exempt income in 2021 income year and later. Payments phasing out as vaccination rates increase.

July 1, 2021

  • New Investment Engagement Service launched for businesses planning significant new investments in Australia.
  • Tax Office small business independent review service made permanent for businesses with turnover < $10m, for income tax, GST, exercise, luxury car tax, wine equalisation tax and fuel tax credits. Requested  before amended assessment issued.
  • Small business income tax offset for individuals increased to provide a reduction of 16% for a tax payable up to $1,000.
  • Self-managed superannuation funds can now have six members, increased from four members previously.

July 1, 2021

  • Some COVID -19 state and territory business grants received by small and medium enterprises are non-assessable, non-exempt income for 2021 and 2022 income years.
  • Certain state, territory and local government financial support for individuals and businesses suffering COVID-19 impacts made exempt where businesses have turnover less than $50 million and only in eligible programs.

March 31, 2021

  • JobKeeper payments scheme ended.

October 5, 2020

  • Boosting apprenticeship commencements subsidy (up to 50% of apprentice's wages) is assessable income.

June 4, 2020

  • Homebuilder grant for new home or substantial renovation construction is not subject to income tax.

April 1, 2020

  • COVID-19 cash flow boost payments are not subject to income tax

The Second Commissioner of Taxation, Mr Andrew Mills, recently announced that a working group consisting of Tax Office, Treasury and professional officers had completed their consultations with a view to providing the Taxation Commissioner with “statutory remedial power”.  The proposal is to enable the Commissioner to vary the law (in favour of the taxpayer) where:

  • The law produces outcomes which are inconsistent with the ascertainable policy intent of the law, and
  • Where compliance costs for taxpayers are unnecessary or disproportionate.

This is indeed an interesting and unusual project which, if legislated, would enable one man – the Commissioner of Taxation to change the law on his own initiative.  Whilst there is a qualification that the change must be in favour of the taxpayer, we wonder whether it is a wise move.  It would be a very simple task for some future Government just to delete that qualification.

WTB 2015/59

Andrew and Tony Lovett

11 February 2015

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One idea, could help you save tax – let’s get creative.

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