Michael van Schaik

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The Assistant Treasurer has released a consultation paper on 29 November 2011 proposing a fundamental reform to how Living Away From Home Allowance (LAFHA) and other associated benefits will be taxed from 1 July 2012 for temporary residents.  These changes will significantly impact Australian businesses.
As reported on 13 April 2011 Fly in fly out arranged extended to remote overseas locations , fringe benefits tax (FBT) exemption has now been extended to employees working at overseas locations under a fly in fly out arrangement.
On 16 November, the ATO gazetted a notice indicating that it will undertake data matching program in order to identify potential non compliance with Australia’s taxation laws.
On 16 November, the ATO gazetted a notice indicating that it will undertake data matching program in respect of temporary visa holders in order to identify potential non compliance with Australia’s taxation laws

This announcement should not come as a surprise as it follows on from:
  1. The ongoing Living Away From Home Allowance audits; and
  2. Verification of Medicare Levy Exemptions.
In a rather generous decision, the Administrative Appeals Tribunal (AAT) has recently held that a taxpayer was a non-resident of Australia for income tax purposes and not subject to income tax on foreign income derived from 1999 to 2002 income years.

Payroll Revenue Ruling PTA.038

On 29 July 2011 the Victorian State Revenue Office released Revenue Ruling PTA.038 – Determining whether a worker is an employee. The Ruling provides information about employment relationships to assist employers, principals and their professional representatives in determining whether their workers are common law employees and applies from 1 July 2011. It is important to note this Ruling is not intended to be definitive advice in determining and employer/employee relationship or a principal/independent contractor relationship exists, as the facts of each case will vary.

Tax changes by stealth

Lost amongst the hype surrounding the carbon tax was the introduction of the Federal Government‘s long-proposed changes to private health insurance rebate.

Tax Forum – A Personal View

The Federal Treasurer released a discussion paper on 28 July 2011 in the lead-up to the Tax Forum on 4 and 5 October.
As previously reported in “ATO to crack down on Living Away From Home Allowances”, review of living away from home allowance (LAFHA) arrangements provided to employees of employers selected by the Australian Taxation Office (ATO) is now in full swing.
Tax Laws Amendment (2011 Measures No. 5) Bill 2011 (the Bill), which details changes to the statutory formula method in calculating the taxable value of car fringe benefits, passed all stages of parliament without further amendment and received Royal Assent on 29 June 2011 .