Education Interests



    (Page 1 of 2)   
    « Prev
      
    1
      2  Next »

    Moore Stephens Melbourne Pty Ltd’s has made a submission on behalf of the University Sector regarding the reforms proposed in the exposure draft legislation Tax Laws Amendment (2012 Measures No.4) Bill 2012: tax exempt body “in Australia” requirements(“the ED legislation”) and the accompanying explanatory memorandum (“the EDEM”) released on 17 April 2012.

    Overall the budget appears to be reasonable for the education sector with no significant decreases in funding. In particular it is pleasing that there are no cuts to the education investment fund.
    Overall the budget appears to be reasonable for the education sector with no significant decreases in funding. In particular it is pleasing that there are no cuts to the education investment fund.
    GST treatment of appropriations

    On 1 March 2011, the Government introduced Tax and Superannuation Laws Amendment (2012 Measures No. 1) Bill 2012 into Parliament.  One of the amendments introduced through the Bill is the changes to the GST treatment of appropriations.  The amendments are substantially the same as the Exposure Draft legislation released in November last year (see "Changes to GST and appropriations are a victory for common sense") and will apply from the date the legislation receives Royal Assent.



    Moore Stephens in Melbourne ran a tax update presentation for Universities
    On 24 November 2011 the Government released exposure draft legislation which will provide much needed clarity to the GST treatment of government appropriations.  The proposed amendments are designed to ensure that payments by Government related entities (“GREs”) pursuant to an appropriation will generally only be subject to GST if they are made in the context of a commercial transaction.

    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.
    A further piece of the Government’s reform agenda for the not-for-profit sector began to take shape on Friday 28 October 2011, with the release of a consultation paper on introducing a statutory definition of charity.

    The consultation paper is a welcome response to numerous calls for clarity by organisations including the Charities Definition Inquiry, Productivity Commission and the Senate Economic Legislation Committee. It appears to foreshadow a statutory definition which preserves key benefits of the current common law definition, such as flexibility around the meaning of charitable purpose. The proposals seem to be a genuine effort to codify existing principles, rather than an attempt to narrow the definition of charitable entity.
    Changes to the GST Treatment of Government Appropriations are likely to impact on Education Providers

    On 10 November 2010 the ATO released a draft addendum to GSTR 2006/11 ‘Goods and Services Tax: Appropriations’ in response to the recent Full Federal Court decision in TT-Line Company Pty Ltd v Commissioner of Taxation (“TT-Line”).

    ESOS Compliance

    Australia's export education industry has experienced significant growth of 42% in the 3 years to 2008 to become Australia’s third largest export market. It employs 126,000 people and contributes $26.7 billion to the Australian economy.
    (Page 1 of 2)   
    « Prev
      
    1
      2  Next »