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MEDIA RELEASE

Moore Stephens Melbourne Managing Partner, Marco Carlei, today announced the lateral appointment of former BDO partner Nick Michael into the partnership of the Melbourne firm. His appointment will take effect from today.

MSFR April 2012

The Australian Prudential Regulation Authority (APRA) has released an updated Audit Report Form for registrable superannuation entities required under section 35C of the Superannuation Industry Supervision (SIS) Act 1993.
On Friday 16 March 2012, the Assistant Treasurer released Exposure Draft legislation containing proposed legislative amendments implementing the first stage of the transfer pricing reforms announced on 1 November 2011. Regrettably the most egregious element of the 1 November announcement, the backdating to 1 July 2004 of the incorporation of Australia’s tax treaty transfer pricing articles into our legislation, has been captured in the ‘Exposure Draft’. A further disappointment is that new provisions have been drafted to apply an arm’s length test to the cost of debt capital.
On 20 February 2012 the Federal Treasury released draft legislation to enact the tax reforms for the Australian Shipping Industry.  The reforms are part of a package intended to stimulate the industry and create an internationally competitive industry.
 

 

On 16 December 2011, the Government released their response to the final element of the Australia's proposed Investment Manager Regime ('IMR') outlined in the Board of Taxation's Report.  The proposed start date for the IMR is 1 July 2011.
On 11 December the Business Tax Working Group released its Interim Report on the Tax Treatment of Losses (the “Report”) for public comment.

The Report is part of the Business Tax Working Group’s (“BTWG”) focus on improving the business tax system to allow businesses to respond to emerging challenges and create opportunities for themselves in the local and international economic landscape.  The BTWG’s initial focus on reforming the treatment of tax losses is an encouraging first step towards increased certainty in the tax law while also assisting the broader economy by delivering tax relief to corporate Australia.
It is expected that from 30 January 2010 shipowners that do not register their interest in a vessel (under the Personal Property Security Legislation), that is bareboat leased to an Australian based operation will have their ownership in the asset exposed and can potentially lose title over the vessel
Income tax: Cross border profit allocation - Review of transfer pricing rules
Moore Stephens in Melbourne ran a tax update presentation for Universities
On 2 November 2011 the Australian Taxation Office released Draft GST Ruling GSTR 2011/D4: Grants of Financial Assistance (the “Draft Ruling”). The draft ruling represents a substantial rewrite of an earlier ruling on the same topic, GSTR 2000/11 (the “Old Ruling”), and follows numerous court decisions which have both challenged and developed the ATO’s interpretation of the GST law.

Both providers and recipients of grants should review their GST treatment in light of the Draft Ruling, as some aspects of the ATO’s interpretation of the law have changed, particularly in the areas of peripheral supplies and tripartite arrangements.