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Saturday 29 November 2014

Equity Interest Arising Through Connected Entities

The Commissioner provisionally considers that s 974-80(1)(d) of ITAA 1997 is not satisfied merely because a non-resident entity has chosen to invest indirectly in a debt interest issued by an Australian resident company and there is one or more equity interests interposed between the resident entity and the entity holding the debt interest.

The fact that a non-resident entity has decided to invest indirectly in an Australian resident company through one or more interposed entities, and the final leg in the chain is a debt interest, will not of itself be sufficient to form a conclusion under s 974-80(1)(d) that there is a scheme, or a series of schemes, designed to operate so that the returns on the debt interest are used to fund returns on an equity interest held by another person.

This news story is reprinted from CCH Tax Week

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Thursday 27 November 2014

China Stimulus Hopes Lift Australian Mining Shares

Growing expectations that the Chinese government will introduce stimulus to boost its economy has sparked a rise in commodities prices, which in turn lifted local mining stocks.

Local equities also benefited from strong performances from Wall Street which was buoyed by US consumer confidence climbing to a six-year high.

Australia's benchmark S&P/ASX200 rose 40.2 points, or 0.8 per cent to 5376.8. The broader All Ordinaries finished 36.2 points, or 0.7 per cent, higher at 5387.2.

However, there are still significant headwinds for the Australian economy moving forward, Avoca Investment Management small companies portfolio manager Jeremy Bendeich said.

"On China, it's around the bear case as to whether or not they will be another downdraft in terms of expectations of economic growth and the uncertainty around the murky financial sector that no one seems know anything about," Mr Bendeich said.

Following the local reporting season, the Australian market has had limited corporate activity to drive the market one way or the other. Traders are cautious about a recovery from sectors which rely on domestic consumption.

"We're now in the phase where every Chinese economic number that comes out that's bad, we're now going 'well, they're going to have to stimulate'," BBY private client advisor Henry Jennings said. "We're sort of six or seven weeks out from the budget and that gives me a little bit of caution."

Overnight the price of iron ore jumped 1.2 per cent to $US111.80 per tonne. This led to gains in mining stocks. BHP Billiton rose 1.8 per cent to $36.55, Rio Tinto added 2.1 per cent to $63.67 and Fortescue finished up 3.1 per cent at $5.33.

Investment banks representing Myer and David Jones will begin talks to discuss the possible merger of the two ailing department stores. Myer chief executive Bernie Brooks said there had been no fresh talks on Wednesday, but said the discussions would likely talk place in the next week. David Jones shares gained 1 per cent to $3.20, while Myer slipped 0.9 per cent to $2.27.

Shares in Westfield Retail fell 1.3 per cent to $3.01 after the shopping centre behemoth announced it secured $22 billion in finance to fund its restructure plans. The company is aiming to split its Australian shopping centres from its less profitable global assets.

National Australia Bank shares lifted 0.8 per cent to $35.05 following a move from its UK business, Clydesdale and Yorkshire bank, to close 28 branches and invest £45 million ($81.5 million) in mobile banking and branch development. The recovery in the UK economy has led to gradual improvement from NAB's UK assets, which have weighed on the bank since the GFC.

In a late night Parliament speech on Tuesday, Liberal Party senator Alan Eggleston accused the Commonwealth Bank of Australia of defaulting business customers of Bankwest unjustly, in an attempt to make back the money it spent on the acquisition of the bank in the financial crisis. CBA shares rose 0.7 per cent to $76.39.

Improvement in the Australian housing market has led to a profit upgrade Australand, which is now expecting a 10 per cent jump in full-year profit. Shares in the construction firm pushed 0.7 per cent higher to $4.21. The idea of growing profit will likely put pressure on Stockland, which is believed to be planning a takeover bid, to act fast.

Insurance Australia Group's proposed acquisition of Wesfarmers' insurance underwriting business was given the green light from the Australian Competition and Consumer Commission. IAG shares jumped 1.1 per cent to $5.50, while Wesfarmers shares dipped 0.4 per cent to $41.69.

This news story is reprinted from www.smh.com.au

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Wednesday 26 November 2014

Superannuation And Other Barriers To Older People Working Need To Go



The older workforce in Australia may now be able to stretch its working life to few more years. A recent report released by the federal government reflects the same. The report titled “Access All Ages – Older Workers and Commonwealth Laws” was created by Australian Law Reform Commission. The commission believes that strict policies on social security and superannuation contribution have discouraged older workforce from continuing their profession after ageing upto 65 years. Many argue that loosing this experienced population is a kind of loss of human resource for small as well as bigger firms. These human resources can be utilised to coach new workforce. 

Various aspects of a working individual were taken into consideration for research conducted by the law commission. These are shown in the flowchart below:

The report recommends loosening the strict laws which directly affect older workforce. These areas are: 

1) Superannuation
2) Social Security
3) Employment
4) Insurance 
5) Compensation Law 
Employment Minister, Bill Shorten said that “the Australian government has relaxed the super guarantee maximum age limit. Due to this, people aged 70 and over would be able to contribute to their Australian superannuation retirement savings. He also told that the government will consider all aspects of the report released by Australian Law Reform Commission and would make sure that the experience and knowledge of senior professionals is properly utilised.