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Financial Services Industry News:

Friday, June 24, 2005

Debits tax abolished

From 1 July 2005, debits tax in Victoria, Queensland, Western Australia, South Australia, the Australian Capital Territory and the Northern Territory will be abolished for transactions from that date. (New South Wales abolished debits tax in 2002.)

The tax was charged on debits to cheque accounts.

Tasmania's debits duty on bank and credit card accounts will also be abolished from 1 July 2005.

Sunday, June 19, 2005

Electronic record retention for tax purposes

The ATO has issued Taxation Ruling 2005/9. This Ruling explains the principles associated with the retention of electronic records created from business transactions including those carried out through the internet for the purposes of section 262A of Income Tax Assessment Act 1936. It replaces draft Taxation Ruling TR 2004/D23.

It supplements Taxation Ruling TR 96/7 (Income tax: record keeping - section 262A - general principles) and Taxation Determination TD 2002/16 (Income tax: what are the obligations under the Income Tax Assessment Act 1936 where a business chooses to keep some of its records as encrypted information?) which should be read in conjunction with this Ruling.

Wednesday, June 15, 2005

Super choice advice

ASIC has warned employers who do not have AFS licences should avoid providing financial advice to employees seeking guidance about super choice.

ASIC says that employers are under no obligation to talk with their employees about super choice, which comes into force on 1 July. However, it anticipated that employers would be asked by employees about how they could select their own fund.

You need to be careful that statements you make to employees about superannuation or super choice are not financial product advice. If you give financial product advice without being licensed or authorised to do so, or if what you say is misleading, you may be breaking the law. Moreover, advice that is inappropriate to employees' circumstances could influence employees to make choices that cost them money.

ASIC has issued a list of frequently asked questions to explain what constitutes financial advice, and what information employers can offer without breaching the Corporations Act.