All items at a glance

GST – where to next?

Historically, household consumption has been relatively stable as a proportion of GDP. For over 50 years, tax reform reviews in Australia have accepted that the revenue from a tax on consumption expenditure would grow in line with the broader economy.
Consistent with that prevailing view, the 1998 ANTS White Paper proposed a value-added tax for Australia. The so-called goods and services tax (GST) commenced on 1 July 2000.
The objectives of GST set out in the ANTS White Paper were:

    • a secure and growing source of revenue for the States and Territories;
    • removing the reliance of the States on Commonwealth grants and distorting taxes; and
    • ensuring that ‘the erosion of indirect tax revenue is halted permanently’.

A Review of GST’s performance published in UNSW Business School’s eJournal of Tax Research – gst-where-to-next – concludes that the existing GST system is unlikely to satisfy the objectives set for it in the White Paper.
It suggests that the growth and stability of GST revenues is unlikely to be achieved by broadening the base and/or increasing the rate.

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20 years after ANTS – is there a hole in the bucket?

A paper I presented at the Australian Tax Institute’s 2018 National GST Intensive on 13 September 2018 examines the following objectives of the ANTS White paper of August 1998:

  1. Reduction of the top personal income tax rates and the marginal rate on average weekly earnings
  2. GST collections will satisfy the States’ revenue needs from 2003/4 year and provide increasing revenues thereafter
  3. The erosion of indirect tax revenue will be halted permanently
  4. The ABN will limit the effect of the black economy􏰀 and put a stop to people opting out of employment relationships thereby slipping into the cash economy
  5. The disparate payment and reporting systems will rationalised into new pay as you go system (PAYG)

The paper examines the extent to which these objectives have been achieved.

The paper is entitled “20 years after ANTS – is there a hole in the bucket?”

Evans M – Is there a hole in the bucket – Sept 2018

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Online Internet sales

In today’s Australian Finacial Review Neil Chenoweth discusses Aamazon’s decision to restrict access to its Australian website.

“Amazon last week announced that it was too onerous to calculate the 10 per cent GST due on sales to Australia from its US and European operations and therefore will stop all shipments to Australia from July 1, forcing Australians to buy from its smaller local arm. …

How did it get to this?

The history of US online retailing has been shaped by the 1992 case Quill vs North Dakota, where the US Supreme Court found that a state could not levy sales tax on an online purchase – in this case Quill was selling software programs on floppy disks – if the vendor had no physical presence in the state.

The history of US online retailing has been shaped by the 1992 case Quill vs North Dakota, where the US Supreme Court found that a state could not levy sales tax on an online purchase – in this case Quill was selling software programs on floppy disks – if the vendor had no physical presence in the state.

A discussion of these issues is contained in the paper That was commissioner by the GST Distribution Review in 2012.

gst_on_internet_sales_report_michael_evans_january_2012

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To build or renovate

An new issue of Thomson Reuters’ Australian GST journal was released this month – 16 AGSTJ 41.

This issue of the Australian GST Journal illustrates both the global and parochial characteristics of Australia’s GST. Its three articles are an infectious blend of policy and legislative design on the one hand and interpretation and administration on the other.

But all three are examples of how designing and administering GST is like home renovation – no matter how much ingenuity one exercises, the result is limited by the pre-existing structure and framework.

The three contributions to this issue are:
• “Retirement Villages & Input Tax Credits: How far can you go?” by Gina Lazanas and Robyn Thomas (our case editors);
• “Step out of your (indirect tax) comfort zone” by Ashurst’s Geoff Mann and Jadie Teoh; and
• “Introducing the ‘Netflix tax’ in Singapore: The Antipodean and European Approach” by Teck Chin Lim, currently a candidate for the Master of Tax at the University of Melbourne.

To encourage you to take an interest in this current issue, you can access my editorial here.

Editorial 16 AGSTJ 41

For those of you who have access to the Journal on-line through checkpoint, I hope you will take a look at the articles.

To subscribe to this Journal or purchase individual articles, please visit Thomson Reuter’s “Subscribe or Purchase” page.

 

 

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GST Charity Concessions – are they worth the risk?

An article presented at the Taxation Institute’s Charities Day on 8 April 2016. S4_Evans_Technical_Paper.original.1459835555

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What will the 19 year old look like when it’s 80

Today, 17 April 2016, is the 19th anniversary of the grant of the Royal Assent to the Income Tax Assessment Act 1997 .

The 1997 Act was part of the so-called Tax Law Improvement Project, a program announced by  Treasurer Dawkins on 17 December 1993 “to reduce the complexity of the income tax law by re-drafting it with a more coherent structure to make it more readily understood”.

The commentary at the time referred to the then 5000 pages of “difficult text” contained in the Income Tax Assessment Act 1936.

In their 1994 article for the Federal Law Review (Volume 22, Page 448), Re-writing the Tax Act, Brian Nolan and Tom Reid said:

The Tax Law Improvement Project offers the chance to catch up and assimilate the accumulated mix of changes and original law into a coherent whole that is presented in a modem and much more user-friendly format. In doing this it is hoped to achieve some important goals. The re-writing of the tax legislation must be undertaken with the identity and needs of its main users clearly in view. With that focus it is far likelier to achieve the goal that it be easier for users to have access to the law and understandwhat is required of them. …

In the end, the success of the project will be measured not simply by whether the bulk of the Act has been greatly reduced nor by its felicity of expression. The overarching criterion by which it will be judged is whether it will have reduced materially the community costs of compliance with the tax law. Excessive costs of compliance are generated if law is too complex in design and obscure in articulation. Law that is easier to understand, and so less costly to comply with, can also produce other valuable community benefits.

Any review of the the 1997 Act – in its 20th year – would find it difficult to pronounce the project a success on these measures.

Nevertheless, the 80th anniversary of the much criticised 1936 Act is opportune to measure the current state of the income tax law.  No doubt the income tax law is too complex in design and articulation for with which even the most skilled might comply.

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GST in 2016 – lucky for some

The number thirteen is “lucky for some”.  TEN’s 5th Annual GST Symposium is privileged to be able to bring thirteen outstanding GST presenters to explain the New Year’s important and contemporary GST issues.

The Symposium will be held on 11 and 12 February 2016 at the Sheraton Mirage Resort and Spa in the Gold Coast.

The topics and presenters are:

Supply for Consideration – Justice Jennifer Davies, Federal Court of Australia

The Tripartite Complication – Chris Sievers, Victorian Bar

What is in The Mix? – Andrew Sommer, Clayton Utz, Sydney

Barter Transactions and E-Commerce – Ken Fehily, Fehily Advisory

Common Traps in Property Developments – John Haig, HF Partners

The Development Lease Arrangement – Rhys Guild, Minter Ellison

GST Private Rulings Under the Microscope – Gina Lazanas and Robyn Thomas, Balazs Lazanas & Welch LLP

Creditable Purpose After Rio Tinto – Kevin O’Rourke, Ryan

Future-proofing GST Clauses – Geoff Mann, Ashurst

Disruptive Technologies and Financial Services – Stephen Howlin, Australian Taxation Office

GST and Consumption of Services and Intangibles in Australia – Josephine Drum, Australian Taxation Office

GST and Taxing Goods Sold to Australians by Non-residents – Suzanne Kneen, PricewaterhouseCoopers

The full brochure can be accessed here

Make February 2016 lucky – join us in the Gold Coast.

For online registration, go to the TEN website

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30 year journey

On 17 September I was honored to be able to give an after dinner talk to the delegates of the Tax Institute 2015 GST conference in Melbourne.

Geoff Mann had asked that I include amusing anecdotes from my “GST journey”.  Fortunately (or not) the talk was scheduled close to the 30th anniversary of Paul Keating’s RATS statement (on 19 September 1985) and the introduction of the New Zealand GST Bill into NZ Parliament (on 20 August 1985).

Quite a long journey!

The title of the talk was “What have you learned Dorothy?”

A copy of the talk is here.

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Applying GST to Financial Services

The South Australian Premier, Jay Weatherill, commissioned a discussion paper on the options to address the under taxation of financial services under Australia’s GST.

The paper was released by the Premier with his address to the 2015 AFR Tax Reform Summit today.  The AFR reported that:

The change would mean the margin of profit earned by financial institutions on services such as home loans would be taxed at 10 per cent. …

Treasury estimates undertaxation of financial services at $4.7 billion in 2015-16, although these figures are widely acknowledged as being rubbery.

South Australia’s share of the extra revenue would be $332 million, accord- ing to a report commissioned by the state Labor government and written by University of Melbourne senior fellow Michael Evans.

The report recommends a ‘‘supple- mentary’’ tax on margin-based financial services; the difference between what it costs a bank to lend money and what the bank charges its customers, for example.

‘‘In the case of deposit taking and lend- ing, it is the difference between the interest paid and the interest earned over a period,’’ Mr Evans said. ‘‘It would essentially be taxing the profits and wages of the banks.’’

A copy of the report can be found here together with an Appendix.

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Cross hairs on education – a “class” of your own

On 13 April 2013, the Deputy Prime Minister and Treasurer, the Honourable Wayne Swan MP issued a media release foreshadowing a $2000 per annum cap on deductions for “self-education expenses”.

On Friday 31 May 2013, the Assistant Treasurer showed his support for the proposal in a Media Release announcing the issue of a discussion paper for the proposal in which he described the measure as “a down-payment on the Gonski reforms underpinning our National Plan for School Improvement.” 

The Treasury website announcing the release of the discussion paper helpfully explains that the measure is a “reform to better target education expense deductions” and ensure that [the Gonski reforms ] are  sustainable.

To help deliver these reforms and ensure that they are sustainable, a $2,000 cap on work‑related education expense deductions will be introduced from 1 July 2014. When this measure was announced, the Government made it clear that it would consult.  Part of this consultation process is the release of a discussion paper.

 The discussion paper Reform to deductions for education expenses examines the current treatment of education expenses including what qualifies as an education expense, and works through a range of issues related to this cap, such as the effect of the cap on the depreciation of capital assets relating to education, the current $250 no‑claim threshold and personal services income. The proposed changes in the income tax legislation and fringe benefits tax legislation are also outlined.

The Government welcomes views on this discussion paper, and written submissions will be accepted until 12 July 2013.

In case you were wondering whether the proposals extended to continuing professional development costs such as attending conferences, the discussion paper includes a list of the types of costs that are targeted:

The following expenses are some examples of what will be included in calculating the cap:

  •  tuition fees, including fees payable under FEE‑HELP and self‑education expenses paid with a OS‑HELP loan;
  • registration fees for conferences, workshops or seminars;
  • textbooks and professional or trade journals;
  • stationery and photocopying;
  • computer expenses, including decline in value (depreciation);
  • student union fees and student services and amenities fees;
  • accommodation and meals when participating in a course that requires a person to be away from home for one or more nights;
  • running expenses if there is a room set aside for education purposes — such as the cost of heating, cooling and lighting that room while used for studying; and
  • travel expenses for travel from home to a place of education and back, and from work to a place of education and back.

As you would expect, the list is not exhaustive.  “Deductions for a range of expenses are not affected by this measure.  For example, taxpayers will continue to claim deductions, provided they meet the necessary tests, for the following expenses:

    •  professional membership fees;
    •  overtime meal expenses;
    • travel expenses;
    • home office expenses;
    • professional indemnity and income protection insurance; or
    • protective clothing and uniform expenses.”

In case you were wondering about apportionment:

 Where an education expense is included in a payment for broader services, the component relating to education will need to be apportioned and will be included in the calculation of the cap. For example, if the membership fee of a professional association includes a certain number of hours of professional development or training programs that are included in the membership, the education element of the membership fee must be apportioned and included in the cap.

 In other words, if membership to an organisation contains an allowance for continuing professional development training, the organisation needs to itemise the value of this training component. 

While employers that meet employees’ costs of professional development or education will not have deductibility or the FBT “otherwise deductible” rule affected, the new measure will apply to salary sacrifice arrangements:

 As part of the proposed measure the Government will ensure no FBT liability arises in respect of employer‑provided education expense payments.

 However, the intent of the measure may be undermined if employees can salary package education expenses. If FBT was not payable, the employee would effectively be able to access the deduction in another form. Therefore, the FBT ‘otherwise deductible rule’ will not apply where the education is provided through a salary packaging arrangement.

Having identified the mischief in the operation of the current law that must be targeted, the discussion paper poses 15 questions for consultation:

1.         In your industry or field, are there studies or courses that are compulsory and must be completed in order to meet licence requirements?

a)             What is the average amount of the expense?

b)            What is the highest amount of the expense?

c)             What is the nature of these courses?

2.         Is training undertaken in your industry predominantly held in Australia or overseas?  Can you provide examples? 

3.         In employment relationships, are employees largely obliged to incur work‑related education expenses themselves or are they employer provided?  Do you anticipate this changing in response to this measure?

4.         Are you aware of examples where education expense deductions can be claimed under the current arrangements, even where significant private benefits are enjoyed?

5.         Are there any lessons for Australia in the experiences of other countries with restrictions on education expenses deductions?

6.         Should the $250 no‑claim threshold under section 82A of the ITAA 1936 be removed when the $2,000 cap is introduced?

7.         How should this be prioritised?

8.         What types of assets that relate to an education activity are placed into a low‑value pool or similar small business pool? 

9.         What are the advantages/disadvantages of the ‘reasonable estimation’ method proposed above?

10.      Is the use of low‑value pools under these circumstances appropriate?

11.      Are there any unintended consequences from the proposed reforms?

12.      What practical aspects of the proposed reforms need further consideration?

13.      Are there any interactions with other areas of the tax law that need to be addressed?

14.      Do you consider that further amendments will be required to the tax law outside of those already mentioned in the discussion paper?

15.      Are there alternative approaches that you would like to see considered?  How would they work in practice and are there any precedents in Australia or other jurisdictions?

Good luck!  You have until 12 July 2013.

PS – don’t mention GST input tax credits.

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