The Andma Group

Professional Services Company

Tax Office News Update


An email bulletin for tax professionals

Issue 42/10

28 October 2010

Our focus on overdue trust returns


This year's compliance program has highlighted the importance of trustees correctly reporting the income of trusts and distribution to beneficiaries. We also have a key focus on timely lodgment and pursuing overdue trust returns.

The due date for lodging 2010 trust returns with
one or more overdue prior year income tax returns is 31 October 2010.

Compliance activity on overdue trust returns, including possible imposition of failure to lodge penalty can be expected.

For more information, refer to the
Lodgment Program 2010-11 - details of the program - Taxpayers with outstanding income tax returns.
Progress report 13 - income tax returns since 1 July 2010 Since 1 July we have received over 8.88 million returns and have issued refunds worth nearly $18.75 billion. Claim lost super any time On 21 October 2010 Taxation Commissioner Michael D'Ascenzo reminded people they can find and claim lost and unclaimed super using the free ATO online tool SuperSeeker. Warning to self-managed super funds and private companies investing in trusts On 21 October 2010 we warned self-managed super funds (SMSFs) and private companies not to invest in trusts with the intention of making funds available for lending to members or shareholders. Tax practitioner webcast Broadcast sent on 18 October 2010 informing tax agents that the third tax practitioner webcast for 2010 is now available. Our approach to collecting small business tax debts While we have a duty to Australia and our citizens to collect revenue, it still remains our priority to assist taxpayers according to individual circumstances and supporting those taxpayers who are doing the right thing. Pre-filling report printing problem Information about the known issue currently affecting printing of the 2010 pre-filling report and the temporary workaround to resolve this. System maintenance and issues This page contains scheduled downtime and details of issues currently affecting our online services. Keydates for registered agents - October October key dates for registered agents. Keydates for registered agents - November November key dates for registered agents. Foreign exchange rates List of daily, monthly and annual foreign exchange rates. From 1 July 2010, daily rates are now available in comma-separated values (CSV) format. Board of Taxation review The Board of Taxation (BoT) products explain the legislative changes that have been passed as a result of the BoT review recommendations. Running balance account - applying of credits This measure covers recommendation 39 from the Board of Taxation review of the goods and services tax (GST) administration. Non-profit sub-entities This measure covers recommendation 43 from the Board of Taxation review of the GST administration. GST and the export of boats The government announced this measure will apply from 1 July 2011. Legal Database updates The latest updates to the Legal Database. Division 7A - separating your personal and company money If you have clients who are private company owners, under tax law they must treat privates expenses separately from company expenses. (NAT 71938-02.2008) Evading tax and super laws by using unrelated trusts The arrangement outlined in Taxpayer Alert 2010/5 is where a self-managed super fund (SMSF) invests funds in an unrelated trust. The trust then on lends the funds to an SMSF member or relative of the member. Stopping schemes to illegally access super We are working to protect the retirement savings of Australians from schemes to illegally access super. New SMSF member verification system (for APRA-regulated super funds) Information for Australian Prudential Regulation Authority (APRA)-regulated super funds about a new self-managed super fund (SMSF) member verification system that will provide greater transparency around super rollovers from APRA-regulated super funds into SMSFs. New SMSF member verification system (for SMSFs) Information for SMSF about a new SMSF member verification system that will provide greater transparency around super rollovers from APRA-regulated super funds into SMSFs. TA 2010/5 - The use of an unrelated trust to circumvent superannuation lending restrictions This Taxpayer Alert describes an arrangement where a SMSF invests funds in an unrelated trust. The trust on lends the funds to a SMSF member/relative in an attempt to circumvent superannuation lending restrictions. TA 2010/6 - The use of an unrelated trust to access funds of a private company in an attempt to circumvent Division 7A This Taxpayer Alert describes an arrangement where a private company invests funds in an unrelated trust. The trust then on lends the funds to the private company shareholder, or an associate of a shareholder, in an attempt to circumvent Division 7A. Non-Profit News Service No. 0301 - Treasury consultation on draft amendments to the GST law In October 2010 Treasury released an exposure draft legislation and draft explanatory memoranda concerning changes to improve the administration of the GST law as it relates to the running balance account and non-profit sub-entities.
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