ATO Documents

Decision impact statement

S256/2018 Glencore International AG v Commissioner of Taxation

Tax Cases

Schiele and FCT [2020] AATA 286

The AAT confirmed an ATO decision that a German citizen who was in Australia on a working holiday visa was not an Australian resident for tax purposes.

Other news

Superannuation Guarantee amnesty Bill passes both Houses

On 24 February, the Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill 2019 passed both Houses and now awaits Royal Assent. The Bill provides for the previously announced one-off amnesty to encourage employers to self-correct historical superannuation guarantee non-compliance. The amnesty period started on 24 May 2018 when first announced and ends 6 months after the day the Bill receives Royal Asset.

Progress of Legislation

Bill Treasury Laws Amendment (2020 Measures No. 1) Bill 2020
Description Broadens the definition of significant global entity; removes impediments to mergers between complying superannuation funds.
Status Introduced in House of Reps 12.02.20
Bill Treasury Laws Amendment (2019-20 Bushfire Tax Assistance) Bill 2020
Description Make government support payments to volunteer firefighters and relief and recovery payments and non-cash benefits provided by Australian governments non-assessable non-exempt income; update list of deductible gift recipients
Status Received Royal Assent 13.02.20 Act No 1 of 2020
Bill Treasury Laws Amendment (2018 Measures No. 2) Bill 2019
Description Reintroduces measures in lapsed Bill to establish the foundation for the Government's new Fintech framework. Makes a number of technical amendments to the Early Stage Venture Capital Limited Partnership, Venture Capital Limited Partnership and Tax Incentives for Early Stage Investor regimes.
Status Received Royal Assent 26.02.20 Act No 8 of 2020
Bill Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill 2019
Description Reintroduces measures in lapsed Bill to provide a one off amnesty for employers not meeting their superannuation obligations.
Status Passed both Houses 24.02.20
Bill Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019
Description Reintroduces lapsed Bill to prohibit creditor-defeating dispositions of company property; improve accountability of resigning directors; allow Commissioner to collect estimates of anticipated GST liabilities; make company directors personally liable for GST; authorise Commissioner to retain tax refunds.
Status Received Royal Assent 17.02.20 Act 6 of 2020
Bill Treasury Laws Amendment (2019 Measures No. 3) Bill 2019
Description Amends the Income Tax Assessment Act 1936 to provide that the tax concessions for income received by minors from a testamentary trust only apply to income generated by assets of the deceased estate which are transferred to the testamentary trust or the disposal or investment of such assets. Also makes minor amendments to 30 Acts regarding taxation, superannuation, corporations and credit.
Status Introduced in the Senate 12.02.20
Bill Treasury Laws Amendment (Research and Development Tax Incentive) Bill 2019
Description Makes a number of amendments to the eligibility of taxpayers to claim the R&D tax offset and extends Part IVA of the Income Tax Assessment Act 1936 to include the R&D tax offset. Amends the existing R&D recoupment and feedstock adjustment clawback rules so the rules become consolidated and uniform.
Status Introduced in the Senate 10.02.20