Phone: (03) 9563 4688

Email: office@aubreypaton.com.au

Address: 17D Chester Street, Oakleigh VIC 3166

find:
Hot Issues
Touch Payroll (STP)
‘Calm before the storm’: Government proposes 12-month SG amnesty
Government intensifies cash payments crackdown - Kelly O'Dwyer
Passive investment companies tax rate still 30%
Cryptocurrency audits tipped to increase this EOFY
Australia by numbers – Update
$2.4m lost to tax scams, ACCC reports
No GST on digital currency
Federal Budget 2018 - Overview
Your Budget
4 components of our 2018 Federal Budget
Resources to help understand and implement Single Touch Payroll (STP)
New rules capture SMSFs trading big with cryptocurrency
New passive income test for lower corporate tax rate
Tools to help you manage your financial position are available on our site.
‘A simple mistake can attract our attention’: ATO reminder about FBT slips-ups
Australia by numbers – Update
Beware residency rules if moving overseas
Meaningful tax reform in high demand
Working holidaymakers and tax returns
Single Touch Payroll – 1 April 2018 Action
Property investors on notice after ATO spots false claims
ATO issues update on cryptocurrency compliance traps
Australia's vital statistics
Accountants spy elder abuse spike as mortgage stress sets in
Tax office releases fresh guidance on SMSFs
Labor's tax plans could favour the rich, analysis shows
FBT Reminder – Odometer Reading
Our website is really our digital office.
‘Substantiation will be a key focus’: ATO drums in tax time 2018 hit list
Articles archive
Quarter 1 January - March 2018
Quarter 4 October - December 2017
Quarter 3 July - September 2017
Quarter 2 April - June 2017
Quarter 1 January - March 2017
Quarter 4 October - December 2016
Quarter 3 July - September 2016
Quarter 2 April - June 2016
Quarter 1 January - March 2016
Quarter 4 October - December 2015
Quarter 3 July - September 2015
Quarter 2 April - June 2015
Quarter 1 January - March 2015
Quarter 4 October - December 2014
Quarter 3 July - September 2014
Quarter 2 April - June 2014
Quarter 1 January - March 2014
Quarter 4 October - December 2013
Quarter 3 July - September 2013
Quarter 2 April - June 2013
Quarter 1 January - March 2013
Quarter 4 October - December 2012
Quarter 3 July - September 2012
Quarter 2 April - June 2012
Quarter 1 January - March 2012
Quarter 4 October - December 2011
Quarter 3 July - September 2011
Quarter 2 April - June 2011
Quarter 1 January - March 2011
Quarter 4 October - December 2010
Quarter 3 July - September 2010
Quarter 2 April - June 2010
Quarter 1 January - March 2010
Quarter 4 October - December 2009
Quarter 3 July - September 2009
Quarter 2 April - June 2009
Quarter 1 January - March 2009
Quarter 4 October - December 2008
Quarter 3 July - September 2008
Quarter 2 April - June 2008
Quarter 1 January - March 2008
Quarter 4 October - December 2007
Quarter 3 July - September 2007
Quarter 2 April - June 2007
Quarter 1 January - March 2007
Quarter 4 October - December 2006
Quarter 3 July - September 2006
Quarter 2 April - June 2006
Quarter 1 January - March 2006
Quarter 4 October - December 2005
Quarter 3 July - September 2005
Quarter 2 April - June 2005
Quarter 1 January - March 2005
Quarter 4 October - December 2004
Quarter 3 July - September 2004
Quarter 2 April - June 2004
Quarter 1 January - March 2004
Quarter 4 October - December 2003
Quarter 3 July - September 2003
Quarter 2 April - June 2003
Quarter 1 January - March 2003
Quarter 4 October - December 2002
Quarter 3 July - September 2002
Quarter 2 April - June 2002
Quarter 1 January - March 2002
Quarter 4 October - December 2001
Quarter 1 of 2004
Articles
CBA Buy-back Tender
Income Tax - Car Expenses
Income Tax ? Car Expenses - 1
Income Tax ? Car Expenses - 2
Income Tax ? Car Expenses - 3
Income Tax ? Car Expenses - 4
Partnerships: Commissioner loses Part IVA Case
Pyramid Selling Schemes
Reasonable Allowance Limits 2003/04
What is Secure FTP Button
Employee Safety Net
Tax Deduction for Life Insurance?
Real Estate & Self Managed Superannuation Funds
FBT and In-house Benefits
FBT and Entertainment
FBT and Record Keeping
FBT and Laptop/Portable Computers
Partnerships: Commissioner loses Part IVA Case
The AAT decided last year that Part IVA did not apply to a husband and wife partnership, and therefore no tax shortfall penalties should be imposed.

The taxpayer carried on an engineering consultancy business in partnership with his wife.  The Commissioner, however, formed the view that the partnership was a tax avoidance scheme and sought to impose penalties for the shortfall of tax.

Days before the hearing, however, it was discovered that state legislation prohibits engineers from entering into partnerships with persons who are not engineers.

As a result, the taxpayer withdrew his claim that he was in partnership with his wife and instead claimed a deduction for wages paid to her.  The AAT allowed the deduction, noting that the taxpayer?s wife did in fact make a significant contribution to the business.

In relation to the tax shortfall penalties, the AAT was satisfied that the taxpayer?s entering into a partnership with his wife was more a statement about their relationship as ?life partners? rather than about obtaining a tax advantage.  Therefore, the partnership between the taxpayer and his wife did not amount to a scheme under Part IVA and no tax shortfall penalties were applicable.

Tip: For income tax purposes, a partnership exists where two or more persons are in receipt of income jointly. Where this is the case a partnership exists even when no written agreement has been entered into.   


27th-February-2004