Your Association at work - 15 December 2011 update

Taxpayers Australia has recently participated in the following meetings:

Division 7A working group meeting

A Taxpayers Australia representative attended a scheduled meeting of the Tax Office Division 7A working group on 2 December 2011 in Melbourne.

The following agenda items were discussed:

• Section 109RB practice statement - Commissioner's discretion to disregard Division 7A operation,
• Proposed fact sheet on s109T - payment and loans by private companies through interposed entities,
• Unpaid present entitlement test case update, and
• Technical administration issues

GST National Tax Liaison Group Sub-committee (SCC) meeting

A Taxpayers Australia representative attended a scheduled meeting of GST National Tax Liaison Group Sub-committee on 6 December 2011 in Melbourne.

The following salient agenda items were discussed:

• Multiflex decision - discussion of proposed process for dealing with refunds following refusal of special leave to appeal to the High Court.
• Indirect tax sharing agreement guidelines - reasonable allocation - discussion concerning reluctance on the part of taxpayers to enter into indirect tax sharing agreements based on a draft statement and that they are looking for the Commissioner to finalise this statement.
• GST-free going concerns - request for the ruling to distinguish between separate agreements for the supply of ‘all things necessary' versus ‘all things used' in the operation of an enterprise.
• Section 105-65 of Schedule 1 Tax Administration Act 1953 and Commissioner's discretion - discussions in relation to the exercise of the Commissioner's discretion to refund or withhold a refund of overpaid GST amounts and in particular whether it was possible for taxpayers to self-assess that the GST had been refunded to an unregistered recipient.
• Withdrawal of Commissioner's appeal in Commissioner of Taxation v Tricare Group Pty Ltd Implications for GSTR 2011/1 - the Tax Office advised that it does not propose to make any changes to GSTR 2011/1 as extensive consultation was undertaken to create the ruling and the decision was not on point.

Superannuation Australia has recently participated in the following meetings:

Superannuation Consultative Committee meeting

A Superannuation Australia representative attended a scheduled meeting of the Superannuation Consultative Committee on 8 December 2011 in Canberra.

The following agenda items were discussed:

• Stronger Super update,
• Reports from separate Tax Office chaired consultations,
• Funds Reform Reference Group,
• SMSF Working Group,
• Employer Working Group,
• Campaigns update,
• Legislation update, and
• Discussion of Views/Perspectives/Key issues for the next 12 months.

National Tax Liaison Group -Superannuation Technical Sub-Group meeting

A Superannuation Australia representative participated in a scheduled meeting of the National Tax Liaison Group -Superannuation Technical Sub-Group on 8 December 2011 in Canberra.

Discussions included the following agenda items:

• Status of action items,
• "Top 3" items of significance Taxation and regulatory consequences of TR 2011/D3,
• Taxation and regulatory consequences of death benefits,
• Successor fund transfers,
• Legislative update,
• Related party issues, and
• Death Benefit issues

Education & Communications sub-committee

A Superannuation Australia representative attended a scheduled meeting of the SCC Education & Communications sub-committee via phone hook up on 22 November 2011.

The following agenda items were discussed:

• Stronger Super,
• Update on Superannuation reforms,
• Updates on communications campaign,
• Issues for individuals, employers and SMSFs, and
• Other business including ways to improve the effectiveness of this group and improved cooperation in getting the message out