As everyone understands there are a number of Commonwealth Government taxes. The major ones are CGT, FBT, ICT, GST, LCT and PAYG (earn/withholding). At this stage this paper will only deal with GST legislation. The main piece of GST legislation is a new tax system (Goods and Services Tax Act 1999) which came into operation on 1 July 2000 and is payable only on supplies and importations made on or after that date. GST is charged at the rate of 10% on most goods and services consumed in Australia. It is important to keep in mind that the manipulation of GST is an offence which is punishable by fine, penalty, criminal sanction and may amount to a false or misleading claim which may contravene the Trade Practices Act 1974. Where ambiguities arise they have been traditionally resolved in favour of the taxpayer, however the pendulum has swung to look at the purpose or intent of the legislation in its overall context.

It is fair to say that GST applies to most businesses. Most businesses should have an ABN and be registered for GST so that they can charge either their customers or clients for goods and services. Effectively GST input tax credits can be claimed by all of those involved in the supply chain except the final consumer. There are a number of GST-free goods which include a number of hospital, medical, child care, religious, charitable, state-based services, education courses and duty free goods to name but a few.

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Highly Experienced

Tax lawyers have the education, training, and experience to help you solve your tax troubles. A competent tax lawyer will be knowledgeable about the IRS’ complicated tax code and therefore, better suited to help you resolve your tax debt.

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Hey, we all remember the jury that awarded three million dollars to the women who said her McDonalds coffee was to hot. If that doesn’t scare you, nothing will.

Fortunately, the law also gives you some ammunition to fight back against potential lawsuits. The ammunition comes in the form of business entities that protect you from personal liability for the debts of the business. These debts include lawsuit judgments.

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Currently the taxation landscape in Australia is in a state of great flux. Although legislation is constantly being updated a comprehensive review of this whole area has not been carried out. The whole area is unnecessarily complex and both the Australian Taxation Office and the courts have been left to do the best they can to provide meaningful interpretations of the law in this area. As sometimes happens there is a divergence between the two views and the ATO has come in for strident criticism as to the manner in which it has sought to impose its view on taxpayers contrary to the findings of both the Federal and High Courts.

Accountants are the masters of tax compliance and are the gatekeepers of the taxation system. Unfortunately the very nature of the compliance programs which are they forced to serve make life difficult for them. In recent years many firms have moved up-market into comprehensive tax planning whilst audit activity by the ATO all but dropped out of sight. As this occurred a number of promoters pushing so-called tax effective schemes including everything from tea tree oil plantations to emu farming burst onto the Australian taxation scene. Many of these promoters had either a finance or accounting background and pushed the legitimacy of their arrangements mainly to accountants and their clients.

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