CORPORATIONS – TAXATION – AUSTRALIA

No respite from bracket creep for another five years

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Original article by Adam Creighton
The Australian – Page: 1 & 7 : 21-Jul-17

Professor Bob Gregory has told a conference in Melbourne that the Federal Government appears to be hoping that increased tax revenue will restore the Budget to surplus. He also noted that it had not been able to reduce expenditure in terms of its share of GDP, although it is managing to control it. Prime Minister Malcolm Turnbull told the conference that he hopes to reintroduce legislation to have the company tax lowered to 25 per cent by the end of 2017, while he noted that the government has prevented around 500,000 taxpayers being placed in a higher tax bracket by increasing the second-highest tax threshold by $A7,000.

CORPORATES
AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, RESERVE BANK OF AUSTRALIA

Company tax cut eligibility ‘mind-boggling’

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Original article by Joanna Mather
The Australian Financial Review – Page: 5 : 11-Jul-17

Tax experts say the Australian Taxation Office’s updated advice on the application of small business tax cuts to passive family investment companies does little to clarify the situation. The ATO previously advised that the 27.5 per cent tax rate will apply to companies whose activities are "passive", but this has been changed to "relatively passive" in a revised statement. Mark Leibler of law firm Arnold Bloch Leibler says the Federal Government clearly intended for the tax cuts to apply solely to businesses that actively trade.

CORPORATES
AUSTRALIAN TAXATION OFFICE, ARNOLD BLOCH LEIBLER, THE TAX INSTITUTE, AUSTRALIA. DEPT OF FINANCE, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIAN COUNCIL OF SOCIAL SERVICE

Scurry to plug tax loophole for the wealthy

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Original article by Nick Tabakoff
The Australian – Page: 2 : 5-Jul-17

Financial Services Minister Kelly O’Dwyer has advised the Australian Taxation Office that the Federal Government’s tax cuts for small businesses were not meant to apply to passive family investment companies. BDO’s Tony Sloan argues that the ATO is merely applying the existing tax cuts legislation, which he says is sufficiently broad to include family investment vehicles. Sloan adds that the Government may have to amend the legislation in order to ensure that such investment vehicles cannot claim tax refunds and deductions.

CORPORATES
AUSTRALIA. DEPT OF FINANCE, AUSTRALIAN TAXATION OFFICE, BDO CHARTERED ACCOUNTANTS AND ADVISERS, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF THE TREASURY

ATO signals tax windfall for wealthy

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Original article by Nick Tabakoff
The Australian – Page: 1 & 2 : 4-Jul-17

A draft tax ruling issued by the Australian Taxation Office in March 2017 could allow "passive" family investment companies to claim tax refunds and deductions. The draft ruling overturned the generally-accepted view that such family investment companies – which do not actively carry on a business – would not be eligible for the reduction in the company tax rate for small businesses from 30 per cent to 27.5 per cent over recent years. Tony Sloan of BDO says the draft ruling would affect many of the firm’s clients, as most would have filed tax returns for 2016 at the full tax rate of 30 per cent.

CORPORATES
AUSTRALIAN TAXATION OFFICE, BDO CHARTERED ACCOUNTANTS AND ADVISERS, NATIONAL TAX LIAISON GROUP

New tax bill for Chevron over inter-company loans

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Original article by Matt Chambers
The Australian – Page: 19 : 8-Jun-17

Chevron Australia’s financial accounts show that it made a net loss of $US541m in 2016, compared with a $US165m profit in 2015. The local subsidiary of US energy giant Chevron did not pay income tax and petroleum resource rent tax in 2016. The accounts also indicate that the Australian Taxation Office has issued amended assessments regarding interest deductions on intercompany loans for the period covering 2009 to 2013. This is in addition to the additional tax bill of $A340m for the period from 2003 to 2007.

CORPORATES
CHEVRON AUSTRALIA PTY LTD, CHEVRON CORPORATION, AUSTRALIAN TAXATION OFFICE, FEDERAL COURT OF AUSTRALIA

Chevron tax ruling to ‘hit investment’

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Original article by Matt Chambers
The Australian – Page: 22 : 3-May-17

Chevron’s chief financial officer, Patricia Yarrington, has told investors in the US that the oil and gas group may appeal a Federal Court of Australia ruling on the tax status of a $A2.5bn inter-company loan. She warned that the ruling will have implications for international transfer pricing guidelines, while it is likely to impact on future investment in Australia. However, Chevron’s Stephen Green has welcomed the findings of a review which recommended that any changes to the Petroleum Resource Rent Tax should not be retrospective.

CORPORATES
CHEVRON CORPORATION, CHEVRON AUSTRALIA PTY LTD, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN TAXATION OFFICE

Trump’s bold tax plan spurs PM to try again

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Original article by Joanna Mather, Sue Mitchell
The Australian Financial Review – Page: 3 : 28-Apr-17

The Australian Goverment will renew its push to pass a bill for across-the-board company tax cuts in the Senate after US President Donald Trump unveiled his tax reforms. Treasurer Scott Morrison notes that most developed nations have a lower company tax rate than Australia, and failing to act will threaten investment and jobs. Business Council of Australia CEO Jennifer Westacott and Wesfarmers MD Richard Goyder warn that Trump’s proposal to reduce the US corporate tax rate to 15 per cent highlights the need for Australia to have a more competitive tax regime.

CORPORATES
AUSTRALIA. DEPT OF THE TREASURY, UNITED STATES. EXECUTIVE OFFICE OF THE PRESIDENT, BUSINESS COUNCIL OF AUSTRALIA, WESFARMERS LIMITED – ASX WES, PRICEWATERHOUSECOOPERS AUSTRALIA (INTERNATIONAL) PTY LTD, WOODSIDE PETROLEUM LIMITED – ASX WPL

Energy giants to be grilled over tax minimisation tactic

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Original article by Ben Butler
The Australian – Page: 17 & 20 : 26-Apr-17

Executive from major oil and gas producers will appear before the Senate economics reference committee on 28 April 2017. They include executives from Chevron, which recently lost a transfer pricing dispute with the Australian Taxation Office regarding a $A2.5bn inter-company loan. The case centered on the interest rate on the loan made by US-based Chevron to its Australian subsidiary, which is expected to prompt the ATO to issue new guidelines regarding interest rates for such loans.

CORPORATES
CHEVRON CORPORATION, CHEVRON AUSTRALIA PTY LTD, AUSTRALIAN TAXATION OFFICE, EXXONMOBIL CORPORATION, BHP BILLITON LIMITED – ASX BHP, WOODSIDE PETROLEUM LIMITED – ASX WPL, BP PLC, ROYAL DUTCH SHELL PLC, AUSTRALIA. SENATE STANDING COMMITTEE ON ECONOMICS, TAX JUSTICE NETWORK, GETUP LIMITED, MINTER ELLISON, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, RIO TINTO LIMITED – ASX RIO, CLAYTON UTZ

Rio Tinto ramps up ATO battle with $3.8b report

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Original article by Peter Ker
The Australian Financial Review – Page: 15 : 10-Apr-17

Rio Tinto has released a report which shows that it paid $US2.89bn ($A3.85bn) in taxes to governments in Australia during 2016. This compares with $US3.3bn in 2015. The Federal Government received a total of $US1.39bn in tax payments from Rio Tinto in 2016. The resources giant is disputing the Australian Taxation Office’s ruling that it must pay an additional $A447 million in taxes. The ruling is associated with Rio Tinto’s use of a marketing hub in Singapore. Rio’s global tax bill totalled $US3.98bn in 2016.

CORPORATES
RIO TINTO LIMITED – ASX RIO, AUSTRALIAN TAXATION OFFICE, NATIONAL PARTY OF AUSTRALIA

It’s time to raise GST, says Proust

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Original article by Glenda Korporaal
The Australian – Page: 19 & 22 : 2-Feb-17

Australian Institute of Company Directors president Elizabeth Proust says the Federal Government should pursue comprehensive tax reform. She argues that this should include increasing the goods and services tax from 10 per cent to 15 per cent, and adds that reducing personal income tax rates should also be a higher priority than company tax cuts. The AICD released a position paper in 2016 which noted that the average GST rate among OECD countries is 19.2 per cent.

CORPORATES
AUSTRALIAN INSTITUTE OF COMPANY DIRECTORS, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, BUSINESS COUNCIL OF AUSTRALIA, AUSTRALIA. DEPT OF THE TREASURY, UNITED STATES. EXECUTIVE OFFICE OF THE PRESIDENT