In light of the 2016-2017 Federal Budget handed down on 3 May, participants in the wine industry have expressed significant concerns regarding the Federal Government’s proposal to reform the Wine Equalisation Tax Rebate (WET Rebate) and the related eligibility criteria.

Starting a business needs more than just a great idea. It involves planning, getting your finances in order and of course ticking all the legal boxes. Navigating the legal landscape for a new business can be difficult, so we want to share with you the top five things you need to consider:

Harwood Andrews is a finalist in the 2016 Australasian Law Awards. The firm is nominated for the Boutique Law Firm of the Year award and is one of only eight finalists in the highly acclaimed category.

The Lantern Legal Group, comprising Harwood Andrews and Sladen Legal, is excited to expand its already broad services by launching its newest division, Adley Burstyner.

The Federal Treasury has introduced legislation which aims to create tax incentives for investors by encouraging early stage investment in startups (Bill).

The Bill aims to increase the volume of funding available for startups by offering tax concessions to potential investors.

The Private Ancillary Fund and Public Ancillary Fund Amendment Guidelines 2015 (amending guidelines) propose to amend the currentPrivate Ancillary Fund Guidelines 2009 and the Public Ancillary Fund Guidelines 2011 (together, the Guidelines), with the changes to apply from 1 July 2016.  The Guidelines set minimum standards for the governance and conduct of ancillary funds and their trustees, breach of which can result in a revocation of charitable and/or concessional tax status.  Therefore, trustees of ancillary funds need to familiarise themselves with these changes.

As part of the Federal Government’s focus on culture and capital in its recent release of the National Innovation and Science Agenda, some of the changes proposed include:

The anticipated National Innovation and Science Agenda has been released by Malcolm Turnbull. It includes initiatives worth $1.1 billion over the next four years and aims to carry Australian from the mining boom to an ‘ideas boom’.

Harwood Andrews has been appointed as one of only 23 law firms to the new Victorian Government Legal Services Panel. Appointed to the panels for Property and Planning and Environment, Harwood Andrews is the only regional firm represented on the panel.

Assistant Treasurer and Small Business Minister Kelly O’Dwyer recently announced changes to crowd-sourced equity funding (CSEF) regulations, paving the way for increased access to funding for startups and small businesses.

The Federal Court has dismissed an appeal by Study and Prevention of Psychological Diseases Foundation (SPED) against an earlier finding of the Administrative Appeals Tribunal confirming a decision of the Commissioner of Taxation to revoke SPED’s endorsement for federal tax concessions as a health promotion charity.  

The financial practices of The Shane Warne Foundation are under investigation by Consumer Affairs Victoria.

The Foundation is listed on the Australian Charities and Not-for-profits Commission register as a public ancillary fund that is a deductible gift recipient entitled to GST and FBT concessions and is exempt from income tax. Established in 2003, the Foundation has the charity subtype of advancing social or public welfare, lists its beneficiaries as youth with chronic illness and disabilities. It has revenue of $250,000 to $999,999 per year putting it in the medium sized charity category.

The Australian Charities and Not-for-profit Commission (ACNC) has revoked the charitable status of 169 organisations for failing to comply with their reporting obligations for two or more consecutive years.  This means that these organisations will lose access to all Commonwealth tax concessions, such as exemption from income tax, to which they were previously entitled.

In Taxpayer Alert TA 2015/4 (Alert) the Commissioner has issued a warning that the Australian Taxation Office is actively investigating arrangements involving a general limited partnership structure that are being used as a vehicle to minimise the tax liability of individual stakeholders involved.

The Australian Charities and Not-for-profits Commission and the Australian Business Register (ABR) have signed an agreement to transfer information between the ABR and the Charities Register. This means there will now be continuous data sharing between the registers and inconsistencies between them will be reduced.

Charities have been invited to comment on the exposure draft of the “Commissioner’s Interpretation Statement on Withholding or Removing Commercially Sensitive Information from the ACNC Register” (Exposure Draft).

A spokesperson for Treasurer Scott Morrison has confirmed that the government will consider abolishing the Capital Gains Tax on investments in startup companies.  The policy was proposed by back-bencher David Coleman as a way of encouraging investment in innovation.

On the 11th of September 2015, the Queensland based organisation Adult Stem Cell Foundation Australia Limited (ASCFAL) had its charity registration revoked by the Australian Charities and Not-for-profit Commission (ACNC) after a review into its operations and activities was conducted by the ACNC.  This means it will no longer be eligible for charity tax concessions, such as exemption from income taxes, deductible gift recipient status and fringe benefits tax concessions.

Thousands of charities are being contacted by the Australian Charities and Not-for-profits Commission (ACNC) due to significant errors in their financial reporting. The ACNC have highlighted that significant errors have been located in many charities’ 2014 Annual Information Statements or Annual Financial Reports.