On 14 September 2017, the Government released for public consultation exposure draft legislation to implement the announcement in the 2017 Budget that from 1 January 2018 the CGT discount for eligible resident investors in qualifying affordable housing to 60% (from 50%). The change is part of the government’s policy to encourage increased investment in affordable rental housing.
GST: digital currency as money
On 14 September 2017, the government introduced to the Parliament the Treasury Laws Amendment (2017 Measures No. 6) Bill 2017 (the Bill) that includes amendments to the A New Tax System (Goods and Services Tax) Act 1999. The Government announced these changes in the 2017 Budget on 9 May 2017.
Proposed laws targeting illegal phoenix activity
ATO provides a “safe harbour” for fixed trusts
The Australian Taxation Office (ATO) published the final version of the Practical Compliance Guidelines (PCG) 2016/16, which provides guidance in relation to what will be considered by the Commissioner when exercising his discretion to treat an interest in the income or capital of a trust as being a fixed entitlement and by extension whether a trust is a fixed trust for the purposes of the tax law.
GST on the sale of residential property – a lesson from the Sebel Manly Beach Hotel
Sladen Snippet - New WET rebate eligibility criteria and cap reduction receives assent
As previously discussed in this forum, changes to the Wine Equalisation Tax (WET) Rebate eligibility criteria and cap reduction were announced in December 2016 by the Turnbull Government. These reforms received assent on 23 August 2017 and bring significant changes to the entitlement to the WET producer rebate.
Sladen snippet – ATO consults on alternative timeframes for the TBAR regime
Sladen Snippet - ATO provides additional 7 years to repay UPE under sub-trust arrangements maturing in the 2017/18 income years
Practical Compliance Guideline (PCG) 2017/13 confirms the ability for a sub-trust arrangement using the 7-year option 1 investment agreement to be converted into a compliant loan, as described under section 109-N of Income Tax Assessment Act 1936 (ITAA 36). The ability to refinance UPE for an additional 7 years may be advantageous to taxpayers that would otherwise have been required to repay such arrangements by either 30 June 2017 or 30 June 2018.
Sladen Snippet - ATO guidance on liability of a legal personal representative of a deceased person
Sladen Snippet - Additional stamp duty trigger for option agreements
As part of the Victorian State Budget, a number of stamp duty changes have been proposed, many of which have received significant media attention (including the abolition of the off the plan duty concession for investors, the abolition of stamp duty for some first home buyers, and the removal of the blanket duty exemption for transfers between spouses).
Family trust distribution tax – reversal of the ATO interpretation of the meaning of “distributes”
Sladen Snippet – death benefit pensions may be commuted into accumulation prior to 1 July 2017
There is some good news and some bad news with the ATO’s release of Practical Compliance Guide PCG 2017/6. The good news is that spouses in receipt of death benefit pensions may commute their death benefit pensions in excess of the transfer balance cap back into accumulation before 1 July 2017. The bad news is that this concession does not apply to non-spouses and won’t apply after 30 June 2017.
Sladen Snippet - New GST remission requirements for purchasers of newly constructed residential premises or land in new subdivisions
It was announced as part of the 2017 Federal Budget that from 1 July 2018, purchasers of “newly constructed residential premises” or “new land subdivisions” will be required to remit GST directly to the Australian Taxation Office as part of settlement. Details have not yet been provided on how this measure will be implemented or operate.
Sladen Snippet – Last chance to transfer property between spouses duty free
Sladen Snippet – ATO gives guidance on how to commute pensions by 30 June 2017 for the transfer balance cap measure
Sladen Legal video presentations on the new super laws
Units trusts and cost base resets under the transfer balance cap (TBC)
Deemed to be a “fixed trust” – draft guidelines
Are foreign trusts the new black?
Sladen Snippet - More flexible small business restructure rollover and new corporate tax cuts passed by Senate
The Treasury Laws Amendment (Enterprise Tax Plan) Bill 2016 was recently passed by the Senate containing amendments to progressively reduce the corporate tax rate and increase the small business turnover thresholds for access to small business tax concessions.