Main Rulings Program by inf89pNk

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1 Main Rulings Program
2 Current as at 9 November 2006

     Highlighted topics are delayed.
     As a general rule, a draft Ruling is to be issued within six months of the date of notification on the Rulings Program and a final Ruling is to be issued within six months of its issue in draft form. A draft Determination
     is to be issued within three months of the date of notification on the Rulings Program and a final Determination is to be issued within three months of its issue in draft form.
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                                                                       Priority
                                                                PTI                                                               Approving         Peer         BSL Sign      Owning                                 Planned       Draft      Draft      Planned
5     ID                 Topic               Type   Notified    Ref#                Reason for Inclusion            Author         Officer        Reviewer         Off          BSL            Comments              Draft Date    Issued      Ref#      Final Date
6        GST
         GST: in the application of item 3
         in the table in subsection 38-
         190(1) of the A New Tax System                                           The ruling is intended to
         (Goods and Services Tax) Act                                             clarify the meaning of
         1999 to a supply, when does                                              `effective use or
         `effective use or enjoyment` of                                          enjoyment` to ensure that
         the supply `take place outside                                           the item does not apply                                          Jonathan       Stephen               Consulting Treasury on a                               GSTR
7    220 Australia`?                         GSTR   26-May-04    6      1         inappropriately.          Marita McLaren Marilyn Knight          Woodger         Howlin       GST     specific matter.             1-Mar-06     1-Mar-06    2006/D2    13-Dec-06
                                                                                                                                                                                        Considered at October
         GST: determining creditable                                              To provide a Tax Office                          Trevor           Mark          Anthony               Panel. Undertaking
8    879 purpose under Division 11           GSTR   16-Feb-05   719     2         view.                          Susan Stewart     Roberts        Tomlinson        Long         GST     further work.                13-Dec-06                           13-Jun-07

         GST: the GST consequences for                                                                                                                                                  Discussed at September
         payments made for not                                                    To clarify the Tax Office         Wanee        Chandra           Benjamin                             Panel. Undertaking
9    868 proceeding with an arrangement      GSTR   8-Apr-05    492     3         view.                           Chitaphan      Sharma              Kelly       Helen Kelly    GST     further work.                20-Dec-06                           20-Jun-07
                                                                                  To further clarify the ATO
                                                                                  position on the
                                                                                  commerciality test to inter-
                                                                                  governmental
                                                                                  transactions. [Source -
                                                                                  States & Territories
                                                                                  Treasuries & the Govt &
                                                                                  Community Sector of the                                          Matthew        Janet                 Scheduled to issue 22                                  GSTR
10 1379 GST: appropriations                  GSTR   1-Dec-05    557     2         GST BSL]                      Mattea Scott    Anita Carter       Bambrick      Whitbread      GST     November 2006.               15-Feb-06    15-Feb-06   2006/D1    22-Nov-06
                                                                                  To incorporate the
                                                                                  `enterprise` principles into
         GST: what is an `enterprise` for                                         the administration of                                             Mark          Bruce                 Dependent on MT ruling
11   594 the purposes of the GST Act?        GSTD   2-Mar-06    623     2         GST.                         Julie Czekierda Lawrence Hill      Tomlinson       Kanard        GST     on enterprise (ID 189).       no draft     no draft   no draft   6-Dec-06

                                                                                  To give clear guidance
                                                                                  about when premises
        GST: when retirement village                                              satisfy paragraph (c) of
        premises include communal                                                 the definition of retirement                                                                          Considered at October
        facilities for use by residents of                                        village. [Source -               Geoffrey                         Marita         Brian                Panel. Undertaking                                     GSTR
12 1329 the premises                         GSTR   10-May-06   696     1         retirement village sector]       Jensen        Lawrence Hill     McLaren        Menezes       GST     further work.                23-Aug-06    23-Aug-06   2006/D3    21-Feb-07

                                                                                                                                                                                        Ruling circulated to Panel
        GST: characterisation of                                                  To clarify the Tax Office                                                                             for out-of-session
        servicing arrangements in relation                                        view of arrangements in a                                                                             consideration in
        to securitisations of interest in                                         typical securitisation.                                                                               September. Further
        debts and consequences for input                                          [Source - Australian                             Trevor                         Anthony               consultation being
13 1645 tax credit entitlements            GSTR     31-May-06   632     2         Securitisation Forum]      John Challinor        Roberts       Robert Olding     Long         GST     undertaken with industry.    20-Dec-06                           20-Jun-07
                                                                                  To provide certainty on
                                                                                  the application of the
                                                                                  margin scheme to
                                                                                  supplies of real property
                                                                                  by partnerships. [Source -                                                                            Discussed at August
        GST: partnerships and the                                                 NTLG GST Sub-                                    Chandra                        Bruce                 Panel. Consultation with
14 1203 margin scheme                        GSTR   19-Jun-06   618     2         committee]                 Tracey Barnett        Sharma        Lawrence Hill    Kanard        GST     Treasury continuing.         20-Dec-06                           20-Jun-07
15      MISCELLANEOUS TAX
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                                                                         Priority
                                                                  PTI                                                            Approving         Peer        BSL Sign      Owning                                Planned       Draft      Draft      Planned
5     ID                Topic                  Type   Notified    Ref#               Reason for Inclusion          Author         Officer        Reviewer        Off          BSL            Comments             Draft Date    Issued      Ref#      Final Date

          MISCELLANEOUS TAX: The
          New Tax System: the meaning of
          entity carrying on an enterprise
          for the purposes of entitlement to                                        To clarify when an entity                                      Mark                               In final stages of                                     MT
16   189 an Australian Business Number        MT      18-Nov-03   149     2         is entitled to an ABN.      Sheree Clancy   Lawrence Hill    Tomlinson     Helen Kelly    GST     approval.                   14-Dec-05    14-Dec-05   2005/D1    6-Dec-06
17        FUEL TAX
          FUEL TAX: what is the meaning
          of acquire, manufacture in and                                            To replace the Energy
          import into, Australia for the                                            Grants (Credit) Scheme
          purposes of the Fuel Tax Credit                                           with the Fuel Tax Credit      Guiseppe        Chandra         Matthew                             Draft being written and
18   1486 Act 2006?                           FTR     27-Feb-06   721     2         system.                       Marando         Sharma          Bambrick     Beth Barry     EXC     reviewed.                   14-Feb-07                           15-Aug-07
19        WINE EQUALISATION TAX
          WINE EQUALISATION TAX: the
          operation of the producer rebate
          for producers of wine in New                                              To provide a Tax Office                                       Matthew       Pauline               Scheduled to issue 22                                 WETR
20   1640 Zealand                            WETR     2-May-06    564     2         view.                       Naomi Schell    Amelia Faccin     Bambrick      Zdjelar       EXC     November 2006.              12-Jul-06    12-Jul-06   2006/D1    22-Nov-06
21        INCOME TAX


         INCOME TAX: for the purposes
         of Division 974 of the Income Tax
         Assessment Act 1997, does an
         issuing company have an
         effectively non-contingent
         obligation to provide a financial
         benefit by way of periodic interest                                        To provide an ATO view
         returns on an interest bearing                                             to circumvent possible
         convertible note from the time                                             misinterpretation on the
         that it can be converted at the                                            policy objectives in the
         issuing company`s option into                                              EM to the NBTS (Debt &                                                                            To be withdrawn on issue                                TD
22   525 ordinary shares in that company?      TR     29-Jul-04   406     2         Equity) Bill 2001.           Rita Felton     John Smith     Beverley Carr George Hitti    LB&I    of ID 1223.                 17-Nov-04    17-Nov-04   2004/D76     TBA


        INCOME TAX: is an employee`s
        deduction for the decline in value
        of a depreciating asset used for a
        taxable purpose affected by
        section 51AH of the Income Tax
        Assessment Act 1936, if they are                                            To provide a consistent
        subsequently reimbursed an                                                  view on the recoupment                                                                            Further discussions being
        amount for the cost of the asset                                            of depreciating asset        Christopher       Gregory         Garry        Richard               held to resolve technical                               TD
23 1039 by their employer?039-                 TD     25-May-05   272     2         costs.                        Sheehan         Sommers         Keevers        Collis       SME     issues.                     29-Jun-05    29-Jun-05   2005/D17   29-Nov-06
        INCOME TAX: demergers: in
        reallocating the cost bases of
        ownership interests under a
        demerger, as required by
        subsection 125-80(2) of the
        Income Tax Assessment Act
        1997, is there more than one
        method that produces a                                                      To provide taxpayers with                                                    Troy                 Scheduled to issue 22                                   TD
24 1085 reasonable apportionment?              TD     19-Jul-05   589     3         an ATO view.                 David Holz     Martin Keating Gary Scanlan    Czabania       LB&I    November 2006.              7-Jun-06     7-Jun-06    2006/D19   22-Nov-06
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                                                                         Priority
                                                                  PTI                                                             Approving          Peer        BSL Sign      Owning                                Planned       Draft      Draft      Planned
5    ID                 Topic                  Type   Notified    Ref#                Reason for Inclusion           Author        Officer         Reviewer        Off          BSL           Comments              Draft Date    Issued      Ref#      Final Date
        INCOME TAX: debt/equity -
        identification of any `effectively
        non-contingent obligation` of an
        issuer of a convertible note to
        provide `financial benefits` for the
        purposes of Division 974 of the
        Income Tax Assessment Act                                                   To provide an ATO view
        1997 if the note can be converted                                           to circumvent possible
        at any time at the issuer`s                                                 misinterpretation on the                                                                            Further stakeholder
        discretion into shares that are                                             policy objectives in the                                                                            consultation being
        equity interests in the issuer                                              EM to the NBTS (Debt &          Antonio                                                             undertaken. Relates to ID
25 1223 company                                TR     6-Oct-05    406     2         Equity) Bill 2001.             Persichelli    John Smith      Beverley Carr George Hitti    LB&I    525 (TD 2004/D76).            TBA                                 TBA

                                                                                    To provide a Tax Office
                                                                                    view on whether
        INCOME TAX: application of the                                              deductions are available
        same business test to                                                       to the HC of a
        consolidated and MEC groups -                                               consolidated group in                                                                               Further consultation with
        principally, the interaction                                                respect of prior year tax                                                                           external stakeholders
        between section 165-210 and                                                 losses, bad debt or net                                                                             required prior to
        section 701-1 of the Income Tax                                             capital losses. [Source -       Antonio         Deborah         Grahame       Malcolm               consideration by Panel in                              TR
26 1338 Assessment Act 1997                    TR     18-Nov-05   146     1         Losses & CGT Sub-Com]           Marvello         Vegar           Hager         Allen        LB&I    November.                   29-Mar-06    29-Mar-06   2006/D4    20-Dec-06
                                                                                    To provide a Tax Office
        INCOME TAX: the application of                                              view on the application of                                                                          Being reconsidered by
        Part IVA to the creation of capital                                         Part IVA to `wash-sale`                                                                             the GAAR Panel prior to
        losses via `wash-sale`                                                      arrangements that result        Antonio         Deborah        Stephanie      Malcolm               consulting further with
27 1411 arrangements?                          TR     15-Dec-05   495     2         in a capital loss.              Marvello         Vegar           Long          Allen        LB&I    Treasury.                   18-Apr-07                           17-Oct-07
                                                                                    To provide clarification of
                                                                                    the Tax Office`s position
        INCOME TAX: non-commercial                                                  on exercising discretion
        business losses -                                                           under subsection 35-                                             Susan        Michael               Scheduled to issue 29
28 1414 Commissioner`s discretion              TR     16-Dec-05   580     2         55(1).                        Kathleen Riley Timothy Oliver     Gaetjens      Hardy         SME     November 2006.              29-Nov-06                           30-May-07


                                                                                    To provide confirmation
        INCOME TAX: whether the                                                     that a contributing
        exclusion under subsection 721-                                             member in a consolidated
        15(2) of the Income Tax                                                     group is excluded from
        Assessment Act 1997 can extend                                              being jointly and severally
        to a contributing member that is a                                          liable to pay the group                                                                             Ruling delayed pending
        life insurance company registered                                           liability pursuant to ss 721-                                    Susan         Peter                release of another
29 1463 under the Life Insurance Act 1995      TR     7-Feb-06    699     3         15(2) of the ITAA 1997        John Larking   John Horsnell      Gaetjens      O`Reilly      LB&I    product.                      TBA                                 TBA

        INCOME TAX: should a taxpayer
        who has incurred a tax loss or
        made a net capital loss for an
        income year retain records
        relevant to the ascertainment of                                            To clarify the Tax Office
        that loss only for the record                                               position on recordkeeping
        retention period prescribed under                                           requirements relating to                                        Bernard       Malcolm               Draft issued. Comments                                  TD
30 1639 income tax law?                        TD     2-May-06    527     1         the creation of a loss.       Robin Roach    Trevor Jones      Duckworth       Allen        LB&I    close 8 December 2006.      8-Nov-06     8-Nov-06    2006/D44   7-Feb-07

        INCOME TAX: is the sale price
        of a depreciating asset included
        in the asset`s termination value
        under subsection 40-300(1) of the
        Income Tax Assessment Act                                                   To update TD 94/85 to
        1997 if the sale proceeds are                                               reflect introduction of                                                                             Undertaking further
        misappropriated by the                                                      Division 40 of the ITAA                       Christopher       Georgina      Michael               consultation with
31 1663 taxpayer`s agent?                      TD     10-May-06   374     3         1997.                         Mark Sheaves      Hood             Rogers       Hardy         SME     Treasury.                     TBA                                 TBA
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                                                                           Priority
                                                                    PTI                                                            Approving         Peer        BSL Sign      Owning                                 Planned      Draft   Draft    Planned
5     ID                Topic                    Type   Notified    Ref#                Reason for Inclusion         Author         Officer        Reviewer        Off          BSL            Comments              Draft Date   Issued   Ref#    Final Date
        INCOME TAX: meaning of fixed                                                  To provide greater
        entitlement in section 272-5 of                                               certainty as to the
        Schedule 2F to the Income Tax                                                 Commissioner`s view.                                                                              Discussions with
        Assessment Act 1936 -                                                         [Source - NTLG in                                                                                 Treasury are continuing.
        clarification of the term `vested                                             consultation with             Antonio                       Christopher     Michael               Draft ruling scheduled for
32 1760 and indefeasible interest`               TR     26-Jul-06   429     2         professional bodies]          Marvello        Kate Roff       Hood          Hardy         SME     December Panel.                TBA                           TBA

        INCOME TAX: are Exceptional
        Circumstances Relief Payments
        (ECRPs) paid under the Farm
        Household Support Act 1992
        assessable primary production                                                                                                                                                   Considered by Panel in
        income under subsection 392-                                                                                                                 Jeya                               September. Further
        80(2) of the Income Tax                                                       To clarify the Tax Office     Kenneth                       Somasekara      Michael               research is required to
33 1807 Assessment Act 1997?                     TD     17-Jul-06   732     2         position.                     Walker        Michael Pini        n           Hardy         SME     resolve issues.              31-Jan-07                     25-Apr-07
        INCOME TAX: income tax
        issues relating to the horse                                                  Review/rewrite of TR                                         Lynette        Michael               Being re-considered at
34 1811 industry                                 TR     20-Jul-06   704     2         93/26.                       Lisa Marsh     Michael Pini     Peatfield      Hardy         SME     November Panel.              17-Jan-07                     18-Jul-07

        INCOME TAX: the
        circumstances when an item used
        to create a particular atmosphere
        or ambience for premises used in
        a cafe, restaurant, licensed club,
        hotel, motel or retail shopping                                                                                                           Jeya
        business constitutes an item of                                               To clarify the Tax Office     Kenneth                    Somasekara         Michael
35 1809 plant                                    TR     4-Aug-06    597     2         position.                     Walker        David Schabe     n              Hardy         SME     Draft in progress.           7-Feb-07                      1-Aug-07
        INCOME TAX: can a share
        which converts into another share                                             To determine the
        qualify as a convertible interest                                             meaning of an interest
        under item 4 of the table in                                                  that will or may convert
        subsection 974-75(1) of the                                                   into an equity interest.
        Income Tax Assessment Act                                                     [Source - issue of CR                         Simon         Christopher                           Draft currently under
36 1810 1997?                                    TD     9-Aug-06    774     2         2005/30]                    Jade Hawkins     Matthews         Hood        Gregory Dick    LB&I    review.                      13-Dec-06                     7-Feb-07

        INCOME TAX: does paragraph
        284-220(1)(e) of Schedule 1 of
        the Taxation Administration Act
        1953 apply to increase the base
        penalty amount applicable to
        subsection 284-75(3) penalty                                                                                                                                                    Technical issues to be
        where the entity, in a previous                                                                                                                                                 examined prior to being
        accounting period, was liable to                                              To provide a Tax Office     Susanna Della                     Simon         James                 discussed at February
37 1835 the same type of penalty?                TD     9-Aug-06    781     2         view.                          Piana        Louise Clarke    Matthews      O`Halloran    CS&C     Panel.                       14-Mar-07                     27-Jun-07
        INCOME TAX: is a deduction
        available to a taxpayer with
        physical disability for or in relation
        to a device or aid used to
        address the impact of the
        physical disability to the extent                                             To rewrite IT 2217 to
        that the taxpayer uses the device                                             apply it to current
        or aid while carrying out                                                     legislation (view not
        employment duties or while                                                    changed). [Source -                                           Belinda       Michael
38 1849 carrying on business?                    TD     19-Sep-06   374     3         ROSA recommendations] Mark Sheaves           Rita Gentle      Treatt         Smith       OCTC     Draft in progress.           20-Dec-06                     21-Mar-07
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                                                                        Priority
                                                                 PTI                                                          Approving        Peer       BSL Sign   Owning                                 Planned       Draft      Draft      Planned
5    ID                  Topic                Type   Notified    Ref#               Reason for Inclusion         Author        Officer       Reviewer       Off       BSL            Comments              Draft Date    Issued      Ref#      Final Date
        INCOME TAX: can you satisfy
        the `use in the 4% manner`
        requirement in section 43-145 of
        the Income Tax Assessment Act                                              To consolidate the view
        1997 if your area is an apartment,                                         contained in ATO ID
        unit or flat that any entity uses                                          2003/513 (view not
        wholly or mainly to operate a                                              changed). [Source -                                       Jonathan     Thomas
39 1900 hotel?                                TD     19-Sep-06   551     3         ROSA recommendations] Mark Sheaves          Kate Roff       Todd       Meredith   OCTC     Draft in progress.           20-Dec-06                           21-Mar-07
40      CONSOLIDATION
        INCOME TAX: consolidation:
        membership: if a consolidatable
        group exists at the beginning of                                           To provide guidance on
        the day specified by the head                                              how the consolidations
        company in its choice to                                                   law operates in practice.
        consolidate, when does the                                                 (Source - NTLG
        consolidated group come into                                               Consolidation                Suzanne         Susan        Desmond        Troy              Scheduled to issue 29                                    TD
41 999 existence?                             TD     16-May-05   379     2         Subcommittee)                Trumble        Gaetjens      Maloney      Czabania    LB&I    November 2006.               12-Oct-05    12-Oct-05   2005/D37   29-Nov-06

        INCOME TAX: consolidation:
        capital gains: do the core
        consolidation rules in Division 701
        of the Income Tax Assessment
        Act 1997 modify the effect of the
        CGT contract rules if an entity                                            To provide guidance on
        contracts to sell or buy a CGT                                             how the consolidations
        asset and the contract settles                                             law operates in practice.
        after the entity becomes, or                                               (Source - NTLG
        ceases to be, a member of a                                                Consolidation                 Angela        Desmond                      Troy              Discussions with                                         TD
42 1040 consolidated group?                   TD     18-May-05   744     2         Subcommittee)                Jankovic       Maloney      Brett Tyers   Czabania    LB&I    Treasury are continuing.     17-Aug-05    17-Aug-05   2005/D27     TBA
                                                                                   To provide guidance on
        INCOME TAX: consolidation:                                                 how the consolidations
        how is the tax cost of goodwill                                            law operates in practice.
        referred to in subsection 711-                                             (Source - NTLG                                                                             Discussions on the
        25(2) of the Income Tax                                                    Consolidation                                Sandra                      Troy              synergistic goodwill issue                               TD
43 1005 Assessment Act 1997 identified?       TD     8-Jun-05    372     1         Subcommittee)               John Lindsay    Peacock      Mark Lyburn   Czabania    LB&I    still continuing.            29-Jun-05    29-Jun-05   2005/D21     TBA
        INCOME TAX: consolidation: in
        working out the market value of
        the goodwill of each business of
        an entity that becomes a
        subsidiary member of a                                                     To provide guidance on
        consolidated group, should the                                             how the consolidations
        value of related party transactions                                        law operates in practice.
        of each business of the entity be                                          (Source - NTLG
        recognised on an arm`s length                                              Consolidation                                             Lynette        Troy              Comments received from                                   TD
44 1258 basis?                                TD     12-Oct-05   372     1         Subcommittee)               John Lindsay   Mark Lyburn    Peatfield    Czabania    LB&I    draft being considered.      20-Sep-06    20-Sep-06   2006/D43   20-Dec-06
        INCOME TAX: consolidation:
        can a head company`s goodwill
        of the type referred to in
        subsection 705-35(3) of the
        Income Tax Assessment Act                                                  To provide guidance on
        1997 be lost or destroyed for the                                          how the consolidations
        purpose of section 104-20 (CGT                                             law operates in practice.
        event C1) of that Act if a                                                 (Source - NTLG                                                                             Discussions on the
        subsidiary member leaves a                                                 Consolidation                                Sandra        Susan         Troy              synergistic goodwill issue
45 1270 consolidated group?                   TD     18-Nov-05   372     1         Subcommittee)               John Lindsay    Peacock       Gaetjens     Czabania    LB&I    still continuing.              TBA                                 TBA
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                                                                         Priority
                                                                  PTI                                                             Approving     Peer       BSL Sign   Owning                                Planned       Draft      Draft      Planned
5    ID                 Topic                  Type   Notified    Ref#                Reason for Inclusion           Author        Officer    Reviewer       Off       BSL            Comments             Draft Date    Issued      Ref#      Final Date
        INCOME TAX: consolidation:
        how does the single entity rule
        affect the application of section                                           To provide clarity on how
        47 of the Income Tax                                                        a liquidator`s distribution
        Assessment Act 1936 to                                                      from a head company is
        liquidator`s distributions from the                                         treated. [Source - NTLG                                                                    Being finalised following
        head company of a consolidated                                              Consolidation                                 Grahame                    Troy              receipt of advice from
46 1467 group?                                 TD     10-Feb-06   628     2         Subcommittee]                 Teresa Bostle    Hager      Peter Koit   Czabania    LB&I    Treasury.                   20-Dec-06                           21-Mar-07

        INCOME TAX: consolidation:
        subsidiary in liquidation - for the
        purposes of subsection 711-45(1)
        of the Income Tax Assessment
        Act 1997, is the amount of an
        unsatisfied liability owed to
        another member of the                                                       To provide clarity on the
        consolidated group (`intra-group                                            impact of deregistration
        liability`) by a subsidiary member                                          where liabilities have not
        at the time it is deregistered equal                                        been fully satisfied.
        to the market value of the                                                  [Source - NTLG
        corresponding asset of that other                                           Consolidation                                 Grahame     Stephanie      Troy              Comments received from                                  TD
47 1468 member?                                TD     10-Feb-06   734     2         Subcommittee]                 Teresa Bostle    Hager        Long       Czabania    LB&I    draft being considered.     27-Sep-06    27-Sep-06   2006/D41   20-Dec-06

        INCOME TAX: consolidation: if
        a member of a consolidated
        group is reinstated under section
        601AH of the Corporations Act
        2001 after having been
        deregistered, will it be taken to
        have continued to satisfy the                                               To provide clarity on the
        membership requirements in                                                  impact of deregistration
        section 703-15 of the Income Tax                                            and subsequent
        Assessment Act 1997 during the                                              reinstatement. [Source -
        period between deregistration and                                           NTLG Consolidation                            Grahame                    Troy              Draft issued. Comments                                  TD
48 1469 reinstatement?                         TD     10-Feb-06   734     2         Subcommittee]                 Teresa Bostle    Hager      Peter Koit   Czabania    LB&I    close 8 December 2006.      8-Nov-06     8-Nov-06    2006/D39   7-Feb-07

        INCOME TAX: consolidation:
        will a head company make a
        capital gain under CGT event L5                                             To clarify how unsatisfied
        (section 104-520 of the Income                                              liabilities are treated when
        Tax Assessment Act 1997) when                                               companies are liquidated.
        a subsidiary member of the group                                            [Source - NTLG
        is deregistered at the end of                                               Consolidation                                 Grahame     Stephanie      Troy              Comments received from                                  TD
49 1472 liquidation?                           TD     13-Feb-06   628     2         Subcommittee]                Teresa Bostle     Hager        Long       Czabania    LB&I    draft being considered.     27-Sep-06    27-Sep-06   2006/D42   20-Dec-06
        INCOME TAX: consolidation: can
        the transfer of a tax loss under
        section 707-120 of the Income
        Tax Assessment Act 1997, to the
        extent that it could have been
        utilised by the transferor in the                                           To provide a Tax Office
        trial year under section 165-20 of                                          view. [Source - NTLG
        that Act, constitute a COT                                                  Consolidation                                 Grahame     Stephanie      Troy              In final stages of                                      TD
50 1637 transfer?                              TD     19-Apr-06   731     2         Subcommittee]                 Daryl Brigham    Hager        Long       Czabania    LB&I    approval.                   26-Jul-06    26-Jul-06   2006/D37   6-Dec-06
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                                                                         Priority
                                                                  PTI                                                            Approving      Peer       BSL Sign   Owning                                Planned       Draft      Draft      Planned
5    ID                 Topic                  Type   Notified    Ref#               Reason for Inclusion           Author        Officer     Reviewer       Off       BSL            Comments             Draft Date    Issued      Ref#      Final Date
        INCOME TAX: consolidation: can
        a tax loss, transferred under
        section 707-120 of the Income
        Tax Assessment Act 1997 to the
        extent that it could have been
        utilised by the transferor in the
        trial year under section 165-20 of
        that Act, satisfy the condition
        described in paragraph 707-                                                 To provide a Tax Office
        350(1)(c) of the Income Tax                                                 view. [Source - NTLG
        (Transitional Provisions) Act                                               Consolidation                                Grahame      Stephanie      Troy              In final stages of                                      TD
51 1638 1997?                                  TD     19-Apr-06   731     2         Subcommittee]                Daryl Brigham    Hager         Long       Czabania    LB&I    approval.                   26-Jul-06    26-Jul-06   2006/D38   6-Dec-06

        INCOME TAX: consolidation:
        capital gains: for the purposes of
        Part 3-90 of the Income Tax
        Assessment Act 1997, does an
        entity, at a time it joins or leaves
        a consolidated group, hold a CGT
        asset that it has contracted to sell
        to another taxpayer if, before
        completion of the contract: the
        entity joins a consolidated group
        (entry sell); or the entity, as a                                           To provide guidance on
        subsidiary member of a                                                      what is the relevant asset                                                                 Dependent on finalisation
        consolidated group, leaves that                                             for Part 3-90 purposes in                     Sandra                     Troy              of related TD 2005/D27
52 1641 group (exit sell)?                     TD     2-May-06    744     2         contract straddle cases.     Teresa Bostle   Peacock     Brett Tyers   Czabania    LB&I    (ID 1040).                    TBA                                 TBA

        INCOME TAX: consolidation:
        capital gains: for the purposes of
        Part 3-90 of the Income Tax
        Assessment Act 1997, does an
        entity, at a time it joins or leaves
        a consolidated group, hold a CGT
        asset that it has contracted to buy
        from another taxpayer if, before
        completion of the contract: the
        entity joins a consolidated group
        (entry buy); or the entity, as a                                            To provide guidance on
        subsidiary member of a                                                      what is the relevant asset                                                                 Dependent on finalisation
        consolidated group, leaves that                                             for Part 3-90 purposes in                     Sandra                     Troy              of related TD 2005/D27
53 1642 group (exit buy)?                      TD     2-May-06    744     2         contract straddle cases.     Teresa Bostle   Peacock     Brett Tyers   Czabania    LB&I    (ID 1040).                    TBA                                 TBA
                                                                                    To provide guidance
                                                                                    about the circumstances
                                                                                    in which Subdivision 705-
                                                                                    E of the ITAA 1997 and
                                                                                    CGT event L6 apply.
        INCOME TAX: consolidation:                                                  [Source - NTLG
        errors in tax cost setting amounts                                          Consolidation General          Stephen                                   Troy              Scheduled to issue 29
54 1808 of reset cost base assets              TR     19-Jul-06   663     2         Working Party]                 Phillips      Sin Wong    Mark Lyburn   Czabania    LB&I    November 2006.              29-Nov-06                           30-May-07
55      FRINGE BENEFITS TAX
                                                                                    To clarify an ATO view on                                                                  Further consultation with
                                                                                    the definition of a public                                                                 Treasury being
        INCOME TAX & FRINGE                                                         hospital. [Source - FBT                                                                    undertaken. To be
        BENEFITS TAX: meaning of the                                                States/Territories Liaison      Robert       Lynette        Kevin      Michael             released in conjunction
56 1144 term `hospital`                        TR     18-Jul-05   468     2         forum]                        Beissmann      Peatfield     Hughes      Hardy       SME     with ID 1145.                 TBA                                 TBA
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                                                                         Priority
                                                                  PTI                                                           Approving        Peer        BSL Sign   Owning                                 Planned       Draft      Draft      Planned
5    ID                Topic                   Type   Notified    Ref#               Reason for Inclusion          Author        Officer       Reviewer        Off       BSL            Comments              Draft Date    Issued      Ref#      Final Date
        FRINGE BENEFITS TAX: when
        are the duties of an employee of
        a government body exclusively
        performed in, or in connection
        with, a public or non-profit                                                To clarify an ATO view on                                                                    Further consultation with
        hospital for the purposes of                                                the definition of a public                                                                   Treasury being
        subsection 57A(2) of the Fringe                                             hospital. [Source - FBT                                                                      undertaken. To be
        Benefits Tax Assessment Act                                                 States/Territories Liaison     Robert        Lynette         Kevin       Michael             released in conjunction
57 1145 1986?                                  TD     18-Jul-05   468     2         forum]                       Beissmann       Peatfield      Hughes       Hardy       SME     with ID 1144.                  TBA                                 TBA
58      CAPITAL GAINS TAX

         INCOME TAX: capital gains:
         meaning of the words ` absolutely
         entitled to a CGT asset as
         against the trustee of a trust` for                                        To clarify the meaning of
         the purposes of section 106-50 of                                          `absolutely entitled to a
         the ITAA 1997 and related issues                                           CGT asset as against the
         involving `absolute entitlement` in                                        trustee of a trust' in the
         the context of Parts 3-1 and 3-3                                           context of CGT                Elizabeth                                Malcolm               Still awaiting advice from                               TR
59   130 of the ITAA 1997                      TR     26-Aug-03   144     2         provisions.                    Gamin      Martin Keating Glenn Davies    Allen       LB&I    Treasury.                    15-Dec-04    15-Dec-04   2004/D25     TBA
                                                                                    To provide a more widely
        INCOME TAX: capital gains tax:                                              known ATO view
        consequences of creating life and                                           (currently fragmented in a
        remainder interests in property                                             number of ATOIDs).
        and of later events affecting those                                         (Source - Review of                                                                          Scheduled to issue 29                                    TR
60 564 interests                               TR     12-Oct-04   387     3         Business Tax)              Lyn Freshwater Martin Keating Gary Scanlan Peter Nash     ME&I    November 2006.               28-Sep-05    28-Sep-05   2005/D14   29-Nov-06
        CAPITAL GAINS TAX: is a                                                     To more widely circulate
        `policy of insurance on the life of                                         the Tax Office view
        an individual` in section 118-300                                           surrounding specific
        of the Income Tax Assessment                                                compensation issues
        Act 1997 limited to a life                                                  currently expressed in
        insurance policy within the                                                 ATO IDs 2004/312 & 313.                                                                      Ongoing consultation with
        common law meaning of that                                                  [Source - NTLG CGT                                                     Malcolm               Treasury being                                           TD
61 1500 expression?                            TD     23-Feb-06   656     3         Subcommittee]              Lyn Freshwater Martin Keating Glenn Davies    Allen       LB&I    undertaken.                  21-Jun-06    21-Jun-06   2006/D36     TBA

        INCOME TAX: capital gains:
        small business concessions: can
        a share in a company or an
        interest in a trust quality as an                                           To provide binding
        active asset under subsection                                               guidance material by
        152-40(3) of the ITAA 1997 if the                                           consolidating ATOIDs into
        company or trust owns interests                                             taxation determinations.
        in another entity that satisfies the                                        [Source - Board of           Christopher                                 Richard             Scheduled to issue 15                                    TD
62 1698 `80% test`?                            TD     29-May-06   711     2         Taxation]                      Adams       Martin Keating Gary Scanlan    Collis     SME     November 2006.               14-Jun-06    14-Jun-06   2006/D25   15-Nov-06

        INCOME TAX: capital gains: is
        a CGT asset that is leased by a                                             To provide binding
        taxpayer to a connected entity for                                          guidance material by
        use in the connected entity`s                                               consolidating ATOIDs into
        business an active asset under                                              taxation determinations.
        section 152-40 of the Income Tax                                            [Source - Board of           Christopher                                 Richard             Scheduled to issue 15                                    TD
63 1699 Assessment Act 1997?                   TD     29-May-06   711     2         Taxation]                      Adams       Martin Keating Gary Scanlan    Collis     SME     November 2006.               14-Jun-06    14-Jun-06   2006/D23   15-Nov-06
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                                                                         Priority
                                                                  PTI                                                          Approving        Peer        BSL Sign   Owning                                 Planned       Draft      Draft      Planned
5    ID                 Topic                  Type   Notified    Ref#               Reason for Inclusion         Author        Officer       Reviewer        Off       BSL            Comments              Draft Date    Issued      Ref#      Final Date

        INCOME TAX: capital gains: are
        there any circumstances in which
        the premises used in a business
        of providing accommodation for
        reward may satisfy the active
        asset test in section 152-35 of the                                         To provide binding
        ITAA 1997 notwithstanding the                                               guidance material by
        exclusion in paragraph 152-                                                 consolidating ATOIDs into
        40(4)(e) of the ITAA 1997 for                                               taxation determinations.
        assets whose main use is to                                                 [Source - Board of          Christopher                                 Richard             In final stages of                                       TD
64 1700 derive rent?                           TD     29-May-06   711     2         Taxation]                     Adams       Martin Keating Gary Scanlan    Collis     SME     approval.                    14-Jun-06    14-Jun-06   2006/D31   29-Nov-06
        INCOME TAX: capital gains: is
        a bank account or cash on hand                                              To provide binding
        included in the numerator of the                                            guidance material by
        `80% test` calculation in                                                   consolidating ATOIDs into
        paragraph 152-40(3)(b) of the                                               taxation determinations.
        Income Tax Assessment Act                                                   [Source - Board of          Christopher                                 Richard             Scheduled to issue 15                                    TD
65 1701 1997?                                  TD     29-May-06   711     2         Taxation]                     Adams       Gary Scanlan Gary Scanlan      Collis     SME     November 2006.               14-Jun-06    14-Jun-06   2006/D32   15-Nov-06

        INCOME TAX: capital gains:
        can the clause `the relevant                                                To provide binding
        business ceased to be carried on`                                           guidance material by
        in subparagraph 152-35(a)(iii) of                                           consolidating ATOIDs into
        the ITAA 1997 be satisfied in the                                           taxation determinations.
        case of a taxpayer who sold the                                             [Source - Board of          Christopher                                 Richard             Scheduled to issue 15                                    TD
66 1702 business to another?                   TD     29-May-06   711     2         Taxation]                     Adams       Martin Keating Gary Scanlan    Collis     SME     November 2006.               14-Jun-06    14-Jun-06   2006/D24   15-Nov-06
        INCOME TAX: capital gains: are
        all classes of shares (other than
        redeemable shares) issued by a                                              To provide binding
        company taken into account in                                               guidance material by
        determining if the company has a                                            consolidating ATOIDs into
        controlling individual under                                                taxation determinations.
        subsection 152-55(1) of the ITAA                                            [Source - Board of          Christopher                                 Richard             In final stages of                                       TD
67 1703 1997?                                  TD     29-May-06   711     2         Taxation]                     Adams       Martin Keating Gary Scanlan    Collis     SME     approval.                    14-Jun-06    14-Jun-06   2006/D22   29-Nov-06
        INCOME TAX: capital gains:
        small business concessions:                                                 To provide binding
        what `liabilities` are included in                                          guidance material by
        the calculation of the `net value of                                        consolidating ATOIDs into
        the CGT assets` of an entity in                                             taxation determinations.                                                                    Further consultation
        the context of subsection 152-                                              [Source - Board of          Christopher                                 Richard             required prior to approval                               TD
68 1704 20(1) of the ITAA 1997?                TD     29-May-06   711     2         Taxation]                     Adams       Martin Keating Gary Scanlan    Collis     SME     for release.                 14-Jun-06    14-Jun-06   2006/D27   20-Dec-06

        INCOME TAX: capital gains:
        small business concessions:
        does a person who has the power                                             To provide binding
        to remove the trustee of a                                                  guidance material by
        discretionary trust and appoint a                                           consolidating ATOIDs into
        new trustee control the trust for                                           taxation determinations.
        the purposes of subparagraph                                                [Source - Board of          Christopher                                 Richard             Scheduled to issue 15                                    TD
69 1705 152-30(2)(c)(ii) of the ITAA 1997?     TD     29-May-06   711     2         Taxation]                     Adams       Martin Keating Gary Scanlan    Collis     SME     November 2006.               14-Jun-06    14-Jun-06   2006/D28   15-Nov-06

        INCOME TAX: capital gains:
        small business concessions: can                                             To provide binding
        trustees or members of a                                                    guidance material by
        complying superannuation fund                                               consolidating ATOIDs into
        `control` the superannuation fund                                           taxation determinations.
        in the way described in section                                             [Source - Board of          Christopher                                 Richard             Scheduled to issue 15                                    TD
70 1706 152-30 of the ITAA 1997?               TD     29-May-06   711     2         Taxation]                     Adams       Martin Keating Gary Scanlan    Collis     SME     November 2006.               14-Jun-06    14-Jun-06   2006/D29   15-Nov-06
      A                   B                    C        D         E      F                     G                    H               I             J            K         L                   M                  N           O           P           Q




                                                                        Priority
                                                                 PTI                                                           Approving        Peer        BSL Sign   Owning                                Planned       Draft      Draft      Planned
5    ID                Topic                  Type   Notified    Ref#               Reason for Inclusion         Author         Officer       Reviewer        Off       BSL            Comments             Draft Date    Issued      Ref#      Final Date
        INCOME TAX: capital gains:
        small business concessions:
        must a taxpayer receive actual                                             To provide binding
        capital proceeds from a CGT                                                guidance material by
        event to qualify for the small                                             consolidating ATOIDs into
        business retirement exemption                                              taxation determinations.
        under Subdivision 152-D of the                                             [Source - Board of          Christopher                                  Richard             Scheduled to issue 15                                   TD
71 1707 ITAA 1997?                            TD     29-May-06   711     2         Taxation]                     Adams        Martin Keating Gary Scanlan    Collis     SME     November 2006.              14-Jun-06    14-Jun-06   2006/D30   15-Nov-06

        INCOME TAX: capital gains:
        small business concessions: is
        the rollover of an eligible
        termination payment from a
        discretionary trust to a
        superannuation fund, in relation to
        an employee who is also                                                    To provide binding
        beneficiary of the trust, a                                                guidance material by
        `distribution of income or capital`                                        consolidating ATOIDs into
        under subsection 152-55(3) of the                                          taxation determinations.
        ITAA 1997 for the purposes of the                                          [Source - Board of          Christopher                                  Richard             Scheduled to issue 15                                   TD
72 1708 controlling individual test?          TD     29-May-06   711     2         Taxation]                     Adams        Martin Keating Gary Scanlan    Collis     SME     November 2006.              14-Jun-06    14-Jun-06   2006/D26   15-Nov-06

        INCOME TAX: capital gains:
        small business concessions: is                                             To provide binding
        the part of a payment which is a                                           guidance material by
        small business 50% reduction                                               consolidating ATOIDs into
        amount a non-assessable part                                               taxation determinations.
        under CGT event E4 in section                                              [Source - Board of          Christopher                                  Richard             Scheduled to issue 15                                   TD
73 1709 104-70 of the ITAA 1997?              TD     29-May-06   711     2         Taxation]                     Adams        Martin Keating Gary Scanlan    Collis     SME     November 2006.              14-Jun-06    14-Jun-06   2006/D33   15-Nov-06

        INCOME TAX: capital gains:
        small business concessions: is
        an entity that has a `controller`                                          To provide binding
        under section 152-30 of the ITAA                                           guidance material by
        1997 necessarily a small                                                   consolidating ATOIDs into
        business CGT affiliate under                                               taxation determinations.
        paragraph 152-25(1)(b) of the                                              [Source - Board of          Christopher                                  Richard             In final stages of                                      TD
74 1710 ITAA 1997 of that `controller`?       TD     29-May-06   711     2         Taxation]                     Adams        Martin Keating Gary Scanlan    Collis     SME     approval.                   14-Jun-06    14-Jun-06   2006/D34   29-Nov-06

        INCOME TAX: capital gains: is it
        necessary to consider whether or                                           To provide certainty
        not a different CGT event                                                  around the interpretation
        happens if the most specific CGT                                           of section 102-25(1) of
        event is expressed not to happen,                                          the ITAA 1997. [Source -                                                                     Further consultation with
        or the capital gain or capital loss                                        NTLG Losses & CGT                                         Martin         Malcolm             Treasury to be
75 1725 is disregarded?                       TD     1-Jun-06    715     3         Subcommittee]             Roger Gormly Jonathan Todd      Keating         Allen      LB&I    undertaken.                   TBA                                 TBA
                                                                                   To clarify the ATO view
        CAPITAL GAINS TAX:                                                         on `earnout` rights.                                                                         Further research to be
        consequences of `earnout`                                                  [Source: NTLG CGT Sub-                                                   Malcolm             undertaken before draft
76 958 agreements                             TR     29-Aug-06   405     3         committee]                Nicholas Seal Martin Keating Glenn Davies       Allen      LB&I    can issue.                  28-Feb-07                           29-Aug-07
        INCOME TAX: what are the
        capital gains tax consequences if
        two or more capital gains tax
        assets are merged into a single                                            To clarify the Tax Office
        asset for the purposes of                                                  view on split and merged
        subsection 112-25(4) of the                                                assets. [Source - Losses
        Income Tax Assessment Act                                                  & CGT Centre of                                                          Malcolm             In final stages of review
77 1801 1997?                                 TD     28-Jul-06   657     3         Expertise]                  David Mennie   Martin Keating Glenn Davies    Allen      LB&I    and approval.               20-Dec-06                           21-Mar-07
78      INTERNATIONAL
      A                   B                     C        D         E      F                     G                    H              I           J            K           L                   M                  N            O           P           Q




                                                                         Priority
                                                                  PTI                                                           Approving     Peer       BSL Sign      Owning                                Planned       Draft       Draft      Planned
5    ID                 Topic                  Type   Notified    Ref#               Reason for Inclusion          Author        Officer    Reviewer       Off          BSL            Comments             Draft Date    Issued       Ref#      Final Date

         INTERNATIONAL - Income tax:
         the treatment of shipping and
         aircraft leasing profits of United
         States and United Kingdom                                                  To provide an ATO view
         enterprises under the deemed                                               on Article 7 taxing rights.                                                                 Discussed at September
         substantial equipment permanent                                            [Source: ITRP and Tax           Kevin                                                       Panel. Further redrafting
         establishment provision of the                                             Treaties TechNet            O`Shaughness     Ross       Stephen                             required to incorporate                                TR
79   615 respective Taxation Conventions       TR     11-Aug-04   410     2         Meeting]                          y         Wadelton    Knipler     Gregory Dick    LB&I    panel comments.             24-May-06    24-May-06   2006/D8     14-Feb-07

        INTERNATIONAL - Income tax:
        can section 160ZZZJ of Part IIIB
        of the Income Tax Assessment
        Act 1936 apply to interest entered
        in the accounting records of an
        Australian branch of a foreign                                                                                                                                          Ongoing consultation with
        bank if the interest relates to a                                                                                                                                       industry being
        borrowing the branch has                                                                                   Erangi                    Simon                              undertaken to resolve                                   TD
80 1381 obtained from a third party?           TD     24-Nov-05   391     3         To clarify the ATO view.      Udabage       Kate Roff   Matthews    Ashley King     LB&I    technical issue.            26-Apr-06    26-Apr-06   2006/D16    13-Dec-06
        INTERNATIONAL: Income tax:
        foreign tax credit system: issues
        relating to the practical                                                   To mitigate risks by
        application of section 23AG of the                                          clarifying the changes to
        Income Tax Assessment Act                                                   section 23AG of the ITAA                     Ross        George                                                            to be        to be       to be
81 1447 1936                                   TR     18-Jan-06   455     2         1936.                       Paul Ahadizad   Wadelton    Montanez    Peter Nash      ME&I    To be withdrawn.            withdrawn    withdrawn   withdrawn     TBA

        INTERNATIONAL: Income tax:
        international transfer pricing: the
        effects of determinations made                                              Rewrite of TR 1999/8 due
        under Division 13 of Part III of the                                        to minor inaccuracies and
        Income Tax Assessment Act                                                   changes to s136AF,
        1936, including consequential                                               capital allowances,
        adjustments under section 136AF                                             penalties, Div 16F,
82 1532 of that Act                            TR     21-Mar-06   374     3         s23AH.                     David Kokic Graeme Clark     Sin Wong    Peter Murphy    LB&I    Awaiting final approval .    no draft     no draft    no draft   13-Dec-06
                                                                                    To clarify how the
                                                                                    transitional translation
                                                                                    rules works in practice
        INTERNATIONAL - Income tax:                                                 with existing income tax
        functional currency - when is an                                            provisions. [Source -
        amount not in the `applicable                                               NTLG Forex Working                                       Ross        Anne Van               Scheduled to issue 22
83 1015 functional currency`?                  TR     28-Mar-06   536     2         Party]                    Andrew Peake Timothy Oliver   Wadelton       Loon         LB&I    November 2006.              22-Nov-06                            23-May-07
                                                                                                                                                                                Considered at
                                                                                                                                                                                September Panel.
        INTERNATIONAL - Income tax:                                                                                                                                             Requires further work
        royalty withholding tax on                                                                                                                                              prior to being
        payments for the assignment of                                              To provide a Tax Office                      Ross                    Anne Van               reconsidered by panel
84 1551 copyright                              TR     31-Mar-06   746     2         view.                       Brett O`Neill   Wadelton    Sin Wong       Loon         LB&I    out of session.             13-Dec-06                            13-Jun-07
        INTERNATIONAL - Income tax:
        when is a trustee of a trust estate
        entitled to a credit in respect of
        foreign tax paid on foreign income
        that is included in the net income
        of the trust estate for the                                                 To provide a Tax Office
        purposes of section 160AF of the                                            view. [Source - NTLG
        Income Tax Assessment Act                                                   Foreign Source                                           Bernard     Anne Van               Draft still being written
85 1646 1936?                                  TR     5-May-06    745     2         Subcommittee]               Kevin Wallace   Sin Wong    Duckworth      Loon         LB&I    and reviewed.               20-Dec-06                            20-Jun-07
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                                                                         Priority
                                                                  PTI                                                             Approving        Peer      BSL Sign      Owning                               Planned      Draft   Draft    Planned
5    ID                Topic                   Type   Notified    Ref#               Reason for Inclusion          Author          Officer       Reviewer      Off          BSL            Comments            Draft Date   Issued   Ref#    Final Date
        INTERNATIONAL - Income tax:
        is a non-portfolio dividend paid by
        a company (that is not a Part X                                             To clarify that section a
        Australian resident) to a                                                   23AJ exemption is not
        partnership and then distributed                                            available when a
        to an Australian resident company                                           partnership is interposed
        non-assessable non-exempt                                                   between the paying and                                                                          Further work required to
        income under section 23AJ of the                                            receiving companies.           Helene                        Georgina    Anne Van               incorporate Panel
86 1723 ITAA 1936?                             TD     31-May-06   760     2         [Source - NTLG FSI SC]        Aubernon       Louise Clarke    Rogers       Loon         LB&I    recommendations.           24-Jan-07                     28-Mar-07

        INTERNATIONAL - Income tax:
        is a non-portfolio dividend paid by
        a company (that is not a Part X                                             To clarify that section a
        Australian resident) to a trustee of                                        23AJ exemption is not
        a trust and then distributed to an                                          available when a
        Australian resident company non-                                            partnership is interposed
        assessable non-exempt income                                                between the paying and                                                                          Further work required to
        under section 23AJ of the ITAA                                              receiving companies.           Helene                        Georgina    Anne Van               incorporate Panel
87 1724 1936?                                  TD     31-May-06   760     2         [Source - NTLG FSI SC]        Aubernon       Louise Clarke    Rogers       Loon         LB&I    recommendations.           24-Jan-07                     25-Apr-07

        INTERNATIONAL - Income tax:                                                 To clarify the Tax Office
        is a Singaporean resident                                                   position in relation to                                                                         Considered at
        enterprise deemed to have a                                                 whether permanent                                                                               September Panel.
        permanent establishment in                                                  establishments exist for                                                                        Further redrafting
        Australia under the Australian-                                             financiers and                                                                                  required to incorporate
        Singapore Tax Treaty where it                                               mortgagors. [Source -                                                                           panel comments. To be
        receives rental income from                                                 result of decision in                                                                           released in conjunction
        substantial equipment used in                                               McDermott Industries                           Stephen        Ross                              with the issue of TR
88 1755 Australia under a finance lease?       TD     22-Jun-06   410     2         Australia P/L v FC of T]    Neil Robertson     Knipler       Wadelton   Gregory Dick    LB&I    2006/D8 (ID 615).          14-Feb-07                     18-Apr-07
        INTERNATIONAL - Income tax:
        does the notional assessable
        income of a controlled foreign
        company include an amount                                                   To provide certainty for
        deemed to be a dividend under                                               taxpayers. [Source -
        section 47A of the Income Tax                                               NTLG Foreign Source                                          Georgina    Anne Van               In final stages of
89 1850 Assessment Act 1936?                   TD     17-Aug-06   762     2         Income Subcommittee]         Brett O`Neill   Louise Clarke    Rogers       Loon         LB&I    approval.                  13-Dec-06                     14-Mar-07

                                                                                    To provide clarity on the
        INTERNATIONAL - Income tax:                                                 treatment of profits from
        the treatment of shipping and                                               international and domestic
        aircraft leasing profits under the                                          operations [Source -                                                                            Draft in progress.
        Shipping and Aircraft Articles of                                           shipping industry and their                    Ross          Stephen                            Scheduled for November
90 1459 Australia`s Tax Treaties               TR     21-Aug-06   789     2         tax professionals]          Andrea Wood       Wadelton       Knipler    Gregory Dick    LB&I    Panel.                     21-Feb-07                     22-Aug-07

        INTERNATIONAL - Income tax:
        is the `applicable functional
        currency` for the head company
        of a consolidated group                                                     To provide guidance on a
        determined by looking at the                                                large number of common
        `accounts` of all the members of                                            transactions as to the way
        the consolidated group, for the                                             the functional currency
        purposes of item 1 of subsection                                            measures apply. [Source -
        960-60(1) of the Income Tax                                                 NTLG Forex Working                                            Ross       Anne Van               Scheduled to issue 22
91 1918 Assessment Act 1997?                   TD     28-Sep-06   536     2         Party]                     Andrew Peake Timothy Oliver       Wadelton      Loon         LB&I    November 2006.             22-Nov-06                     21-Feb-07
92      SUPERANNUATION
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                                                                        Priority
                                                                 PTI                                                          Approving         Peer      BSL Sign   Owning                            Planned      Draft      Draft      Planned
5    ID                Topic                  Type   Notified    Ref#               Reason for Inclusion         Author        Officer        Reviewer      Off       BSL           Comments          Draft Date   Issued      Ref#      Final Date

        INCOME TAX: does the relevant
        number determined for the
        purposes of working out the                                                To reiterate the ATO view
        deductible amount of a                                                     in relation to private
        superannuation pension and                                                 rulings on superannuation
        annuity under subsection 27H(2)                                            pensions and annuities by
        of the Income Tax Assessment                                               converting ATO IDs into
        Act 1936 take into account the life                                        public rulings. [Source -
        expectancy of a reversionary                                               ATO Precedent Review                                         Mark        Stuart            Scheduled to issue 15
93 1287 pensioner or annuitant?               TD     20-Oct-05   551     3         project]                    Andrew Lee    Benjamin Kelly   Tomlinson    Forsyth    SPR     November 2006.           no draft    no draft   no draft   15-Nov-06
        INCOME TAX: is a deduction
        allowable to trustees of complying
        superannuation funds, under
        section 279 of the Income Tax
        Assessment Act 1936, for
        insurance premiums attributable
        to the provision of benefits to
        members in the event of
        temporary disability longer than                                           To clarify the Tax Office   Christopher                     Susan       Peter              Awaiting advice from
94 1470 two years?                            TD     10-Feb-06   496     2         view.                        Thomson      John Horsnell    Gaetjens    O`Reilly    LB&I    Treasury.                 TBA                                TBA
      A                                     B                                   C         D              E                 F                 G            H           I               J             K             L              M
1
2 Finalised TRs and TDs                – 2006
3 Current as at 9 November 2006
4
                                                                                                                      Approving                                                     Draft
5     ID                                 Topic                                 Type   Notified        Author           Officer         Peer Reviewer     BSL    BSL SignOff        Issued      Draft Ref #   Final Issued    Final Ref #
6           GST

7    861 GST: guarantees and indemnities                                       GSTR   8-Feb-05    Johanna Stewart    Robert Olding     Benjamin Kelly    GST    Anthony Long      28-Sep-05   GSTR 2005/D2    22-Mar-06     GSTR 2006/1
         GST: deposits held as security for the performance of an
8    244 obligation                                                            GSTR   2-Jun-04    Cheryl D`Amico Mark Tomlinson Chandra Sharma           GST    Basil Tropea      3-Aug-05    GSTR 2005/D1    5-Apr-06      GSTR 2006/2
         GST: determining the extent of creditable purpose for providers of
9    484 financial supplies                                                    GSTR    6-Jul-04    Jeff Barcham      Trevor Roberts   Chandra Sharma     GST    Anthony Long      19-Oct-05   GSTR 2005/D6    12-Apr-06     GSTR 2006/3
         GST: determining the extent of creditable purpose for claiming
         input tax credits and for making adjustments for changes in extent
10   483 of creditable purpose                                                 GSTR   26-Aug-04    Donald Lester     Trevor Roberts   Chandra Sharma     GST    Anthony Long      19-Oct-05   GSTR 2005/D7    12-Apr-06     GSTR 2006/4
         GST: is a payment from a non-resident car manufacturer to an
         Australian distributor under an offshore warranty chargeback                                                  Matthew
11   862 arrangement subject to GST?                                           GSTD   8-Feb-05    Ian Underwood        Bambrick       Jonathan Woodger   GST   Stephen Howlin     1-Jun-05    GSTD 2005/D2    19-Apr-06     GSTD 2006/1
         GST: does an Australian repairer make a taxable supply when it
         supplies repair services under a warranty given by a non-resident                                             Matthew
12   443 manufacturer?                                                         GSTD   11-Jun-04   Ian Underwood        Bambrick       Jonathan Woodger   GST   Stephen Howlin     1-Jun-05    GSTD 2005/D3    19-Apr-06     GSTD 2006/2

          GST: are settlement adjustments taken into account to determine
13   1482 the consideration for the supply or acquisition of real property?    GSTD   20-Feb-06   Tracey Barnett     Robert Olding    Chandra Sharma     GST   Michael Hardy       no draft      no draft     26-Apr-06     GSTD 2006/3
          GST: government entities and the margin scheme - does item 4 in
          the table in subsection 75-10(3) apply if real property was vested
          for no consideration in a government department or agency on or
          after 1 July 2000 but was held by another department or agency of
          the Commonwealth or the same State or Territory since before 1
14   1480 July 2000?                                                           GSTD   20-Feb-06   Tracey Barnett     Robert Olding    Chandra Sharma     GST   Michael Hardy       no draft      no draft     26-Apr-06     GSTD 2006/4

15   1481 GST: the meaning of `Commonwealth, a State or a Territory`           GSTR   20-Feb-06   Tracey Barnett     Robert Olding    Chandra Sharma     GST   Michael Hardy       no draft      no draft     26-Apr-06     GSTR 2006/5
            GST: improvements on the land for the purposes of Subdivision
16   1191   38-N and Division 75                                               GSTR   12-Sep-05   Tracey Barnett     Robert Olding    Chandra Sharma     GST   Michael Hardy      4-Oct-05    GSTR 2005/D5    26-Apr-06     GSTR 2006/6
            GST: how the margin scheme applies to a supply of real property
            made on or after 1 December 2005 that was acquired or held
17   1133   before 1 July 2000                                                 GSTR   12-Jul-05   Tracey Barnett     Robert Olding    Chandra Sharma     GST   Michael Hardy      4-Oct-05    GSTR 2005/D3    26-Apr-06     GSTR 2006/7
            GST: the margin scheme for supplies of real property acquired on
18   1134   or after 1 July 2000                                               GSTR   12-Jul-05   Tracey Barnett     Robert Olding    Chandra Sharma     GST   Michael Hardy      4-Oct-05    GSTR 2005/D4    26-Apr-06     GSTR 2006/8
            GST: what are the results for GST purposes of barter exchanges
            engaging in the arrangement described in Taxpayer Alert TA
19   1483   2005/4?                                                            GSTD   21-Apr-06   Walter HadeedTrevor Roberts   Benjamin Kelly           GST   Antoinetta Balik    no draft      no draft     19-Jul-06     GSTD 2006/5
                                                                                                                  Matthew
20   980 GST: supplies                                                         GSTR   2-May-05 Terence Wheeler    Bambrick      Robert Olding            GST   Janet Whitbread    21-Dec-05   GSTR 2005/D8    25-Oct-06     GSTR 2006/9
                                                                                                                  Matthew
21   414 GST: insurance settlements and entitlement to input tax credits       GSTR   20-Sep-05  Brian Hayes      Bambrick    Jonathon Woodger           GST    Anthony Long      21-Dec-05   GSTR 2005/D9    25-Oct-06     GSTR 2006/10
22          LUXURY CAR TAX
          LUXURY CAR TAX: what is the luxury car tax threshold for the
23   1782 2006-2007 financial year?                                            LCTD   27-Jun-06    Walter Pfeiffer    not required      not required     GST   Janet Whitbread     no draft      no draft      5-Jul-06     LCTD 2006/1
24        FUEL TAX
          FUEL TAX: for the purposes of calculating your entitlement to a
          fuel tax credit what methods can be used to calculate the quantity
          of taxable fuel that you acquire, manufacture in, or import into,
          Australia for use in carrying on your enterprise or for use in                             Guiseppe           Chandra
25   1487 generating electricity for domestic use?                             FTD    27-Feb-06      Marando            Sharma        Matthew Bambrick   EXC     Beth Barry        no draft      no draft     9-Aug-06       FTD 2006/1
          FUEL TAX: what records are required to be kept by taxpayers to                             Guiseppe           Chandra
26   1488 substantiate a claim for a fuel tax credit?                          FTD    27-Feb-06      Marando            Sharma        Matthew Bambrick   EXC     Beth Barry        no draft      no draft     9-Aug-06       FTD 2006/2
          FUEL TAX: what is an ‘enterprise’ for the purposes of the Fuel                             Guiseppe           Chandra
27   1485 Tax Act 2006?                                                        FTD    27-Feb-06      Marando            Sharma        Matthew Bambrick   EXC     Beth Barry        no draft      no draft     9-Aug-06       FTD 2006/3
      A                                       B                                     C         D             E               F                  G            H          I             J            K             L             M
                                                                                                                        Approving                                                  Draft
5     ID  FUEL TAX: fuel tax credits forTopic fuel acquired or
                                            taxable                                Type   Notified       Author          Officer         Peer Reviewer     BSL    BSL SignOff     Issued     Draft Ref #   Final Issued   Final Ref #
          manufactured in, or imported into Australia for use in carrying on                            Guiseppe         Chandra
28        FUEL TAX: involving `agriculture` as fuel acquired or
     1789 an enterprisefuel tax credits for taxable defined in section 22 of the   FTR     5-Jul-06     Marando          Sharma         Matthew Bambrick   EXC     Beth Barry     no draft     no draft     4-Oct-06      FTR 2006/1
          manufactured in, or imported into Australia for use in carrying on                            Guiseppe         Chandra
29        an enterprise involving `mining taxable fuel acquired or
     1790 FUEL TAX: fuel tax credits for operations` as defined in section 11      FTR     5-Jul-06     Marando          Sharma         Matthew Bambrick   EXC     Beth Barry     no draft     no draft     4-Oct-06      FTR 2006/2
          manufactured in, or imported into Australia for use in carrying on                            Guiseppe         Chandra
30        FUEL TAX: involving `forestry operations` as defined
     1791 an enterprisefuel tax credits for taxable fuel acquired or in section    FTR     5-Jul-06     Marando          Sharma         Matthew Bambrick   EXC     Beth Barry     no draft     no draft     4-Oct-06      FTR 2006/3
          manufactured in, or imported into Australia for use in carrying on                            Guiseppe         Chandra
31   1489 an enterprise involving `fishing operations` as defined in section 34    FTR    27-Feb-06     Marando          Sharma         Matthew Bambrick   EXC     Beth Barry     no draft     no draft     4-Oct-06      FTR 2006/4
32          INCOME TAX

         INCOME TAX: for the purposes of Div 974, if the issuer of an
         interest bearing instrument can change the rate of interest that will
         become payable to any rate (including zero) that it chooses as its
         sole discretion, does the issuer have an `effectively non-contingent
         obligation` to provide `financial benefits` as interest payments from                           Antonio
33   661 the time that a change in the interest rate could take effect?            TD     21-Sep-04     Persichelli     John Smith        Beverley Carr    LB&I   Gregory Dick   20-Jul-05   TD 2005/D20    25-Jan-06     TD 2006/1

          INCOME TAX: for the purposes of Division 376 of the Income Tax
          Assessment Act 1997, does film production expenditure include                                                 Christopher                                 Michael
34   1157 insurance premiums payable under `extra expense` policies?               TD     4-Aug-05    Roman Rudko         Hood           Belinda Treatt    LB&I    Smithson      9-Nov-05    TD 2005/D52    1-Mar-06      TD 2006/2

          INCOME TAX: to what extent are freight costs included in
          `qualifying Australian production expenditure` within the meaning of                                                                                      Michael
35   1158 section 376-40 of the Income Tax Assessment Act 1997?                    TD     4-Aug-05    Janice Wryell    Belinda Treatt   Christopher Hood   LB&I    Smithson      9-Nov-05    TD 2005/D53    1-Mar-06      TD 2006/3
          INCOME TAX: for the purposes of Division 775 of the Income Tax
          Assessment Act 1997, does forex realisation event 2 and forex
          realisation event 4 occur when, on novation, a foreign currency-
          denominated debt is ended and a new party becomes either the
36   1305 creditor or debtor in the substituted debt?                              TD     26-Oct-05    Paul Skellett   Andrew Werbik       John Smith      LB&I   Ashley King    25-Jan-06   TD 2006/D8     5-Apr-06      TD 2006/11

          INCOME TAX: for the purposes of Division 775 of the Income Tax
          Assessment Act 1997, what forex realisation events happen to a
          creditor and a debtor, on the effective assignment by the creditor
          to a third party of a presently existing right to receive an amount
37   1306 under a foreign currency-denominated debt?                               TD     26-Oct-05    Paul Skellett   Andrew Werbik    Robert Puckridge   LB&I   Ashley King    25-Jan-06   TD 2006/D6     5-Apr-06      TD 2006/12

            INCOME TAX: foreign currency gains and losses: where an
            amount of exempt income is paid directly into a foreign currency
            denominated bank account, will subsection 775-35(1) of the
            Income Tax Assessment Act 1997 always operate to disregard                                                    Robert
38   1135   any forex realisation loss made on withdrawal of that amount?          TD     12-Jul-05    Fiona Dillon      Puckridge       Grahame Hager     LB&I   Ashley King    19-Oct-05   TD 2005/D49    5-Apr-06      TD 2006/16
            INCOME TAX: are margin payments that are made in respect of
            exchange-traded option or futures contracts deductible under                                                                                            Thomas
39   1304   section 8-1 of the Income Tax Assessment Act 1997?                     TD     25-Oct-05   Suzanne Owen     Garry Keevers     Jonathan Todd     OCTC     Meredith     25-Jan-06   TD 2006/D7     12-Apr-06     TD 2006/25
            INCOME TAX: deductibility of services fees paid to associated
40   153    service entities: Phillips Arrangements                                TR     30-Jan-04   Lynette Bosley     Kate Roff      Robert Puckridge   LB&I   Mark Konza     4-May-05    TR 2005/D5     20-Apr-06     TR 2006/2
            INCOME TAX: is disaster relief money received from charities, to
            which local, state or federal government or their agencies have
            made payments, assessable income of taxpayers carrying on a                                 Kenneth
41   1169   business?                                                              TD     12-Aug-05     Middleton      Gary Scanlan       Beverley Carr     SB    John Leonard   9-Nov-05    TD 2005/D51    26-Apr-06     TD 2006/22
            INCOME TAX: foreign currency gains and losses: if a forex
            realisation gain is made under section 775-55 of the Income Tax
            Assessment Act 1997 upon payment for the acquisition of foreign
            currency denominated trading stock, is that gain `ordinary income`
            as defined in section 6-10 of the Income Tax Assessment Act
            1997 for the purposes of subsection 45-120(1) of the Taxation                               Steven            Robert
42   1435   Administration Act 1953?                                               TD     11-Jan-06    Wentworth         Puckridge       Jonathan Todd     LB&I   Ashley King    15-Feb-06   TD 2006/D9     26-Apr-06     TD 2006/29
      A                                      B                                      C        D               E               F                   G            H            I               J            K             L             M
                                                                                                                         Approving                                                       Draft
5     ID                                   Topic                                   Type   Notified        Author          Officer         Peer Reviewer      BSL     BSL SignOff        Issued     Draft Ref #   Final Issued   Final Ref #


          INCOME TAX: foreign exchange: when calculating the amount of
          any gain or loss on disposal of a traditional security denominated in
          a foreign currency should the amounts relevant to the calculation
          be translated (converted) into Australian dollars when each of the                             Steven            Robert
43   1036 relevant events takes place?                                             TD     24-May-05     Wentworth         Puckridge        Louise Clarke     LB&I     Ashley King      12-Oct-05   TD 2005/D38    26-Apr-06     TD 2006/30

         INCOME TAX: is a government rebate received by a rental
         property owner an assessable recoupment under subsection 20-
         20(3) of the Income Tax Assessment Act 1997, where the owner is
         not carrying on a property rental business and receives the rebate
         for the purchase of a depreciating asset (for example an energy                                Christopher
44   709 saving appliance) for use in the rental property?                         TD     20-Oct-04      Sheehan        Gary Scanlan       Beverley Carr      SB      Peter Nash       29-Jun-05   TD 2005/D18    10-May-06     TD 2006/31

          INCOME TAX: where there is a disposal of foreign currency or a
          right to receive foreign currency and forex realisation event 1
          happens, is the amount attributable to a currency exchange rate
          effect determined by subtracting the non-forex component of the
45   1328 capital gain (or loss) from the overall capital gain (or loss)?          TD     3-Nov-05    Troy Herrmann     Garry Keevers        Peter Koit      LB&I     Ashley King      18-Jan-06   TD 2006/D5     10-May-06     TD 2006/32
          INCOME TAX: is the cost of a depreciating asset purchased by a
          taxpayer to assist them undertake a specific client project
          immediately deductible under section 8-1 or written off over the
          effective life of the asset under section 40-25 of the Income Tax
          Assessment Act 1997 if the taxpayer continues to hold the asset
46   1471 after the project ends?                                                  TD     10-Feb-06    Richard Green      Peter Koit      Garry Keevers       SB    Brett Peterson      no draft     no draft     10-May-06     TD 2006/33

          INCOME TAX: is a hearse `a car designed mainly for carrying
          passengers` for the purposes of section 40-230 of the Income Tax
47   1464 Assessment Act 1997 and therefore subject to the car limit?              TD     7-Feb-06    Kevin Westbrook    Michael Pini      David Schabe       SB     John Leonard      1-Mar-06    TD 2006/D10    31-May-06     TD 2006/39

          INCOME TAX: does subsection 40-230(1) of the Income Tax
          Assessment Act 1997 reduce the first element of the cost of a car
          designed mainly for carrying passengers by the amount of any
          input tax credit the taxpayer is or becomes entitled to for the
48   1465 acquisition or importation of the car before the car limit is applied?   TD     7-Feb-06     Mark Sheaves      Michael Pini      David Schabe       SB     John Leonard      1-Mar-06    TD 2006/D11    31-May-06     TD 2006/40

         INCOME TAX: government payments to industry to assist entities                                                                                                 Gary
49   607 (including individuals) to continue, commence or cease business           TR     6-Aug-04    Shelley McCann    Beverley Carr        Paul Bray        SB     Hammersley        7-Dec-05    TR 2005/D17    31-May-06     TR 2006/3
50   1772 INCOME TAX: effective life of depreciating assets                        TR     27-Jun-06   William Cooper    Bruce Quigley      Michael Smith     OCTC   Francis Wilson      no draft     no draft      5-Jul-06     TR 2006/5
          INCOME TAX: what is the car limit for the 2006-2007 financial
51   1780 year?                                                                    TD     27-Jun-06   William Savage    Paul Bruckner        Ann Hurst        SB     Richard Collis     no draft     no draft      5-Jul-06     TD 2006/44
          INCOME TAX: what is the benchmark interest rate applicable for
          the year of income that commenced on 1 July 2006 for the
          purposes of Division 7A of Part III of the Income Tax Assessment
52   1781 Act 1936 and how is it used?                                             TD     27-Jun-06    Keryn Fraser       Ann Hurst         Gwen Miller       SB     Richard Collis     no draft     no draft      5-Jul-06     TD 2006/45
          INCOME TAX: what amounts are included in 'establishment
          expenditure' for the purposes of working out the decline in value of
          a horticultural plant under section 40-545 of the Income Tax                                                                                                 Thomas
53   1412 Assessment Act 1997?                                                     TD     16-Dec-05    Mark Sheaves     Gary Keevers         Peter Koit      OCTC      Meredith        12-Apr-06   TD 2006/D15    12-Jul-06     TD 2006/46


          INCOME TAX: are there circumstances when a balancing
          adjustment for a car is worked out under section 40-370 instead of
54   1537 section 40-285 of the Income Tax Assessment Act 1997?                    TD     11-Apr-06    Richard Green     Michael Pini      David Schabe      ME&I     Peter Nash       3-May-06    TD 2006/D17    2-Aug-06      TD 2006/49
          INCOME TAX: value of goods taken from stock for private use for
55   1777 the 2006-2007 income year                                                TD     29-Aug-06       Jian Shi      Ernest Guillan   Dominic Belvedere   SME    Michael Hardy       no draft     no draft     6-Sep-06      TD 2006/55
         INCOME TAX: the cost basis of valuing trading stock for                                                          Anthony
56   769 taxpayers in the retail and wholesale industries                          TR     29-Nov-04   Gerard Chandler     Gleeson          Beverley Carr     LB&I   Antonio Nicolaci   24-Aug-05   TR 2005/D11    13-Sep-06     TR 2006/8
      A                                     B                                    C        D              E               F                 G           H           I              J           K              L             M
                                                                                                                     Approving                                                  Draft
5     ID                                 Topic                                  Type   Notified       Author          Officer        Peer Reviewer    BSL    BSL SignOff       Issued     Draft Ref #   Final Issued   Final Ref #
          INCOME TAX: is any part of an amount, which is otherwise
          deductible as a transport expense for travel between workplaces
          (one of which is a business), attributable to the relevant business
          activity under subsection 35-10(2) of the Income Tax Assessment
57   1535 Act 1997?                                                             TD     24-Mar-06   Graham Cordon   Timothy Oliver    Susan Gaetjens   SME    Richard Collis   7-Jun-06    TD 2006/D21    27-Sep-06     TD 2006/61

          INCOME TAX: are certain payments to a volunteer foster carer to
58   1664 provide foster care assessable income?                                TD     10-May-06   Michael Doran   Timothy Oliver    John Hastwell    ME&I    Peter Nash      21-Jun-06   TD 2006/D35    4-Oct-06      TD 2006/62

                                                                                                                     Christopher
59   1195 INCOME TAX: sale and leasebacks                                       TR     12-Sep-05 Georgina Rogers       Hood         Simon Matthews    LB&I   Gregory Dick     5-Apr-06    TR 2006/D5     1-Nov-06      TR 2006/13
60         CONSOLIDATION


          INCOME TAX: consolidation: when does an injection of capital,
          as described in paragraph 707-325(4)(a) of the ITAA 1997, occur                              Alan
61   1377 where cash is received under a publicly listed share offer?           TD     21-Nov-05    MacPherson      Mark Lyburn     Desmond Maloney   LB&I   Troy Czabania    21-Dec-05   TD 2005/D56    12-Apr-06     TD 2006/18

          INCOME TAX: consolidation: imputation: will the benchmark rule
          in section 203-25 of the Income Tax Assessment Act 1997 apply in
          a franking period to the provisional head company of a multiple
          entry consolidated group if it is a 100% subsidiary of a foreign
          parent company that has more than one class of membership
62   1206 interest on issue?                                                    TD     28-Sep-05    Paul Corrie    Simon Matthews Desmond Maloney     LB&I   Troy Czabania    12-Oct-05   TD 2005/D42    12-Apr-06     TD 2006/20

          INCOME TAX: consolidation: imputation: which entity in a
          multiple entry consolidated group is responsible for meeting
          obligations imposed by Part 3-6 (the imputation provisions) of the
          Income Tax Assessment Act 1997 in relation to a frankable
          distribution made to members outside the group by an eligible tier-
63   1205 1 company in the group that is not the provisional head company?      TD     28-Sep-05    Paul Corrie    Simon Matthews Desmond Maloney     LB&I   Troy Czabania    12-Oct-05   TD 2005/D43    12-Apr-06     TD 2006/21
          INCOME TAX: consolidation: membership: when does a MEC
          group come into existence where a valid choice to form a MEC
          group is made under section 719-50 of the Income Tax
64   1182 Assessment Act 1997?                                                  TD     6-Sep-05    Harry Fernando Susan Gaetjens Desmond Maloney      LB&I   Troy Czabania    12-Oct-05   TD 2005/D39    12-Apr-06     TD 2006/26
          INCOME TAX: consolidation: capital gains: may roll-over relief
          under Subdivision 126-B of the Income Tax Assessment Act 1997
          be available where two eligible tier-1 (ET-1) companies, without
          any wholly-owned subsidiaries, are restructured such that one of
          the ET-1 companies becomes a wholly-owned subsidiary of the
65   1183 other ET-1 company?                                                   TD     6-Sep-05    Harry Fernando Susan Gaetjens Desmond Maloney      LB&I   Troy Czabania    12-Oct-05   TD 2005/D40    12-Apr-06     TD 2006/27
          INCOME TAX: consolidation: capital gains: may roll-over relief
          under Subdivision 126-B of the ITAA 1997 be available where
          three or more eligible tier-1 (ET-1) companies, without any wholly-
          owned subsidiaries, are restructured such that one of the ET-1
          companies becomes a wholly-owned subsidiary of one of the other
          ET-1 companies and a choice to form a MEC group is made for
66   1184 that same day?                                                        TD     6-Sep-05    Harry Fernando Susan Gaetjens Desmond Maloney      LB&I   Troy Czabania    12-Oct-05   TD 2005/D41    12-Apr-06     TD 2006/28


          INCOME TAX: consolidation: can the profit received on the
          disposal of membership interests in a subsidiary member of a                               Suzanne
67   1007 consolidated group be income according to ordinary concepts?          TD     21-Jul-05     Trumble       Susan Gaetjens     Mark Lyburn     LB&I   Troy Czabania    10-Aug-05   TD 2005/D31    24-May-06     TD 2006/36

          INCOME TAX: consolidation: can Division 711 of the Income Tax
          Assessment Act 1997 apply for the purpose of the core rules in
          Division 701 upon an entity ceasing to be a subsidiary member of
          an acquired consolidated group where Subdivision 705-C
68   1204 operates?                                                             TD     23-Sep-05    Melissa Bird    Mark Lyburn     Desmond Maloney   LB&I   Troy Czabania    12-Oct-05   TD 2005/D44    31-May-06     TD 2006/38
      A                                      B                                      C        D               E                  F                 G             H           I             J           K              L             M
                                                                                                                            Approving                                                   Draft
5     ID                                  Topic                                    Type   Notified        Author             Officer        Peer Reviewer      BSL    BSL SignOff      Issued     Draft Ref #   Final Issued   Final Ref #


          INCOME TAX: consolidation: for the purposes of working out
          step 1 of a consolidated group`s exit allocable cost amount in the
          leaving entity under section 711-25 of the Income Tax Assessment
          Act 1997, is the terminating value for a CGT asset determined
          under Subdivision 110-A for assets that have their tax cost set                              Peter Van De
69   1081 under subsection 701-10(4)?                                              TD     9-Jun-05        Maele            Mark Lyburn     Desmond Maloney     LB&I   Troy Czabania   20-Jul-05   TD 2005/D24    7-Jun-06      TD 2006/19
          INCOME TAX: consolidation: recognising and measuring the
          liabilities of a joining entity under subsection 705-70(1) of the
          Income Tax Assessment Act 1997 where the joining time occurs in
          a financial reporting period of the joining entity beginning on or
70    994 after 1 January 2005                                                     TR     6-Sep-05     Andrew Milton       Mark Lyburn     Sandra Peacock       B     Troy Czabania   21-Sep-05   TR 2005/D13    19-Jul-06     TR 2006/6
          INCOME TAX: consolidation: can the head company of a multiple
          entry consolidated group claim a deduction under section 8-1 of
          the Income Tax Assessment Act 1997 for interest paid on funds
          borrowed after formation of the MEC group from outside the group
          by it or a subsidiary member to buy shares in an existing eligible
71   1001 tier-1 company of the group?                                             TD     16-May-05    Terrence Daly      Sandra Peacock    Susan Gaetjens     LB&I   Troy Czabania   10-Aug-05   TD 2005/D29    26-Jul-06     TD 2006/47

          INCOME TAX: consolidation: can the head company of a
          consolidated group claim a deduction under section 8-1 of the
          Income Tax Assessment Act 1997 for interest paid on funds
          borrowed from outside the group, where the funds were borrowed
          either before or after formation of the consolidated group, by it or a
          subsidiary member to buy shares in an existing subsidiary member
72   1000 from another member of the consolidated group?                           TD     16-May-05    Terrence Daly      Sandra Peacock    Susan Gaetjens     LB&I   Troy Czabania   10-Aug-05   TD 2005/D30    26-Jul-06     TD 2006/48
          INCOME TAX: consolidation: losses: when a company that joins
          an existing MEC group is an eligible tier-1 company, do prior group
          losses of the head company of that group become subject to the
          loss utilisation rules in Subdivision 707-C of the Income Tax
73   1185 Assesment Act 1997?                                                      TD     7-Sep-05    Britto Singarayar     Brett Tyers      Mark Lyburn       LB&I   Troy Czabania   12-Oct-05   TD 2005/D45    30-Aug-06     TD 2006/50
          INCOME TAX: consolidation: exit tax cost setting rules: how is the
          terminating value of an asset that is treated as if it were a CGT
          asset under subsection 705-30(5) of the Income Tax Assessment
          Act 1997 worked out for the purposes of subsection 711-25(1) of
74   1080 that Act?                                                                TD     9-Jun-05     John Lindsay        Mark Lyburn     Lynette Peatfield   LB&I   Troy Czabania   20-Jul-05   TD 2005/D25    13-Sep-06     TD 2006/53

          INCOME TAX: consolidation: cost setting: is a joining entity`s
          entitlement to claim a deduction for (or to otherwise deal with) a
          tax loss an asset for the purposes of section 705-35 of the ITAA
          1997 if: (a) the tax loss is the subject of a loss transfer agreement
          entered into after the joining entity became a member of the
          consolidated group; (b) the loss transfer takes effect prior to that
          time; and (c) the joining entity is not entitled to a subvention
75   1211 payment?                                                                 TD     4-Oct-05     John Lindsay        Mark Lyburn     Sandra Peacock      LB&I   Troy Czabania   19-Oct-05   TD 2005/D50    20-Sep-06     TD 2006/56


          INCOME TAX: consolidation: what is an excluded asset under
76   1253 subsection 705-35(2) of the Income Tax Assessment Act 1997?              TD     18-Nov-05    John Lindsay        Mark Lyburn     Sandra Peacock      LB&I   Troy Czabania   14-Dec-05   TD 2005/D54    20-Sep-06     TD 2006/57
          INCOME TAX: consolidation: will a subsidiary company that is
          deregistered cease to be a member of a consolidated group with
          the consequence that it is treated as a leaving entity for the
          purposes of Division 711 of the Income Tax Assessment Act
77   1345 1997?                                                                    TD     16-Nov-05    Teresa Bostle      Grahame Hager     Stephanie Long     LB&I   Troy Czabania   11-Jan-06   TD 2006/D1     27-Sep-06     TD 2006/58


          INCOME TAX: consolidation: subsidiary in liquidation - are
          unsatisfied debts of a subsidiary at the time of deregisteration,
          being debts owed to creditors outside of the consolidated group,
          accounting liabilities for the purposes of subsection 711-45(1) of
78   1340 the Income Tax Assessment Act 1997?                                      TD     16-Nov-05    Teresa Bostle      Grahame Hager     Stephanie Long     LB&I   Troy Czabania   11-Jan-06   TD 2006/D2     27-Sep-06     TD 2006/59
      A                                      B                                     C        D              E                F                G           H           I             J            K             L             M
                                                                                                                        Approving                                                Draft
5     ID                                  Topic                                   Type   Notified       Author           Officer       Peer Reviewer    BSL    BSL SignOff      Issued     Draft Ref #   Final Issued   Final Ref #


          INCOME TAX: consolidation: is a deferred tax liability recognised
          and measured in accordance with AASB 1020 (AAS 3) `Income
          Taxes` (the 1999 standard) an accounting liability under subsection
          705-70(1) where the 1999 standard was not adopted for the
          recognition and measurement of the liability for financial reporting
79   1533 purposes in the period within which the joining time occurred?          TD     22-Mar-06   Andrew Milton     Mark Lyburn     Sandra Peacock   LB&I   Troy Czabania   24-May-06   TD 2006/D18    27-Sep-06     TD 2006/60
80          CAPITAL GAINS TAX

          INCOME TAX: capital gains tax: scrip for scrip roll-over: is the
          reference to a roll-over in paragraph 124-795(2)(a) of the Income
          Tax Assessment Act 1997 only to a replacement asset roll-over
          listed in section 112-115 or a same asset roll-over listed in section
81   1339 112-150 of the Income Tax Assessment Act 1997?                          TD     14-Nov-05   Belinda Mather   Martin Keating    Glenn Davies    LB&I   Malcolm Allen   21-Dec-05   TD 2005/D55    22-Mar-06     TD 2006/9
          INCOME TAX: capital gains: what is the improvement threshold
          for the 2006-07 income year under section 108-85 of the Income                                Salome
82   1682 Tax Assessment Act 1997?                                                TD     23-May-06     Petterson      Shelley McCann    Margaret Haly   LB&I   Malcolm Allen    no draft     no draft     31-May-06     TD 2006/41
83          FRINGE BENEFITS TAX

            FBT: what are the rates to be applied on a cents per kilometre
            basis for calculating the taxable value of a fringe benefit arising
            from the private use of a motor vehicle other than a car for the
84   1538   fringe benefits tax year commencing on 1 April 2006?                  TD     21-Mar-06    Joan Dibetta      Lee Beaver      not required     SB     Colin Waite     no draft     no draft     29-Mar-06     TD 2006/13
            FBT: for the purposes of section 28 of the Fringe Benefits Tax
            Assessment Act 1986 what are the indexation factors for valuing
            non-remote housing for the fringe benefits tax year commencing
85   1539   on 1 April 2006?                                                      TD     21-Mar-06    Joan Dibetta      Lee Beaver      not required     SB     Colin Waite     no draft     no draft     29-Mar-06     TD 2006/14
            FBT: for the purposes of section 135C of the Fringe Benefits Tax
            Assessment Act 1986, what is the exemption threshold for the
86   1540   fringe benefits tax year commencing on 1 April 2006?                  TD     21-Mar-06    Joan Dibetta      Lee Beaver      not required     SB     Colin Waite     no draft     no draft     29-Mar-06     TD 2006/15
            FBT: for the purposes of Division 7 of Part III of the Fringe
            Benefits Tax Assessment Act 1986, what amount represents a
            reasonable food component of a living-away-from-home allowance
            for expatriate employees for the fringe benefits tax year
87   1553   commencing on 1 April 2006?                                           TD     28-Mar-06    Joan Dibetta      Lee Beaver      not required     SB     Colin Waite     no draft     no draft     5-Apr-06      TD 2006/23
            FBT: what is the benchmark interest rate to be used for the fringe
88   1554   benefits tax year commencing on 1 April 2006?                         TD     28-Mar-06    Joan Dibetta      Lee Beaver      not required     SB     Colin Waite     no draft     no draft     5-Apr-06      TD 2006/24
          FRINGE BENEFITS TAX: for the purposes of section 39A of the
          Fringe Benefits Tax Assessment Act 1986 what is the car parking
          threshold for the fringe benefits tax year commencing on 1 April
89   1665 2006?                                                                   TD     9-May-06     Joan Dibetta      Lee Beaver                       SB     Colin Waite     no draft     no draft     17-May-06     TD 2006/37

          INCOME TAX, FRINGE BENEFITS TAX AND PRODUCT
90   1341 GRANTS AND BENEFITS: Public Rulings                                     TR     14-Nov-05    Janette Luu     Simon Matthews    Trevor Jones    OCTC   Michael Smith   5-Apr-06    TR 2006/D6     4-Oct-06      TR 2006/10

          INCOME TAX, FRINGE BENEFITS TAX AND PRODUCT
91   1342 GRANTS AND BENEFITS: Private Rulings                                    TR     14-Nov-05    David Hinds     Simon Matthews    Trevor Jones    OCTC   Michael Bond    5-Apr-06    TR 2006/D7     4-Oct-06      TR 2006/11
92       INTERNATIONAL
         INTERNATIONAL - Income tax: the scope of and nature of
         payments falling within section 129 of the Income Tax Assessment                                                                                        Michael
93   752 Act 1936                                                                 TR     16-Nov-04    Peter Szoke      Trevor Jones    Ross Wadelton     SB      Cranston      28-Sep-05   TR 2005/D16    8-Mar-06      TR 2006/1

          INTERNATIONAL - Income tax: can an Australian resident entity
          which keeps its `accounts` predominantly in a foreign currency,
          choose to use that foreign currency as its `applicable functional
          currency`, where the entity is required to prepare financial
94   1016 statements in Australian dollars for statutory reporting purposes?      TD     21-Jul-05   Andrew Peake     Timothy Oliver   Ross Wadelton    LB&I   Anne Van Loon   17-Aug-05   TD 2005/D32    8-Mar-06      TD 2006/4
       A                                       B                                      C         D             E                F                    G             H           I              J            K             L             M
                                                                                                                           Approving                                                       Draft
 5     ID                                   Topic                                    Type   Notified       Author           Officer          Peer Reviewer       BSL    BSL SignOff       Issued     Draft Ref #   Final Issued   Final Ref #

           INTERNATIONAL - Income tax: is the `applicable functional
           currency` choice relevant for the purpose of applying the Fringe
           Benefits Tax, Goods and Services Tax, Superannuation Guarantee
95    1017 Charge and Pay As You Go withholding provisions?                          TD     21-Jul-05   Andrew Peake      Timothy Oliver     Ross Wadelton       LB&I   Anne Van Loon    17-Aug-05   TD 2005/D33    8-Mar-06      TD 2006/5

           INTERNATIONAL - Income tax: if an `attributable taxpayer`
           makes a choice under item 4 of the table in subsection 960-60(1)
           of Subdivision 960-D of the Income Tax Assessment Act 1997, to
           use the `applicable functional currency`, will this choice apply to its
           calculation of `attribution surplus` under section 370 of Part X of
96    1019 the Income Tax Assessment Act 1936?                                       TD     21-Jul-05   Andrew Peake      Timothy Oliver     Ross Wadelton       LB&I   Anne Van Loon    17-Aug-05   TD 2005/D34    8-Mar-06      TD 2006/6
           INTERNATIONAL - Income tax: can an Australian resident
           company required to prepare financial reports under section 292 of
           the Corporations Act 2001 make a choice to use the `applicable
           functional currency` under section 960-60 of the Income Tax
           Assessment Act 1997, if it is the head company of a consolidated
97    1020 group?                                                                    TD     21-Jul-05   Andrew Peake      Timothy Oliver     Ross Wadelton       LB&I   Anne Van Loon    17-Aug-05   TD 2005/D35    8-Mar-06      TD 2006/7

           INTERNATIONAL - Income tax: can a `small proprietary
           company`, not required to prepare reports under section 292 of the
           Corporations Act 2001, make a choice to use the `applicable
           functional currency` under item 1 of the table in subsection 960-
98    1021 60(1) of the Income Tax Assessment Act 1997?                              TD     21-Jul-05   Andrew Peake      Timothy Oliver     Ross Wadelton       LB&I   Anne Van Loon    17-Aug-05   TD 2005/D36    8-Mar-06      TD 2006/8

         INTERNATIONAL - Income tax: can a payment to a non-resident
         author for the use of his or her article be a royalty for the purposes                                              Bernard                                       Michael
99 756 of subsection 6(1) of the Income Tax Assessment Act 1936?                     TD     22-Nov-04    Glenn Carroll      Duckworth        Ross Wadelton       LB&I     Smithson       24-Aug-05   TD 2005/D26    5-Apr-06      TD 2006/10
         INTERNATIONAL - Income tax: can a dividend, or part of a
         dividend, be non-assessable non-exempt income under both
         section 23AJ and section 23AI of the Income Tax Assessment Act                                    Danielle                              Jeya
100 1388 1936?                                                                       TD     30-Nov-05     Ellershaw        Michael Pini       Somasekaran        LB&I   Anne Van Loon    1-Mar-06    TD 2006/D13    6-Sep-06      TD 2006/51
         INTERNATIONAL - Income tax: can a dividend, or part of a
         dividend, be non-assessable non-exempt income under both
         section 23AJ and section 23AK of the Income Tax Assessment                                        Danielle                              Jeya
101 1389 Act 1936?                                                                   TD     30-Nov-05     Ellershaw        Michael Pini       Somasekaran        LB&I   Anne Van Loon    1-Mar-06    TD 2006/D14    6-Sep-06      TD 2006/52
         INTERNATIONAL - Income tax: interest withholding tax - cross-
         border interbranch funds transfers within resident authorised
102 1155 deposit-taking institutions                                                 TR     1-Aug-05    Naomi Lindoy      Graeme Clark        Trevor Jones       LB&I    Ashley King     21-Dec-05   TR 2005/D18    27-Sep-06     TR 2006/9

         INTERNATIONAL - Income tax: withholding on payments to
103 1376 foreign residents for works and related activities                          TR     21-Nov-05   Grant Goodwin     Sylvia Skeels      Lynette Peatfield   SME    Michael Hardy    15-Mar-06   TR 2006/D3     18-Oct-06     TR 2006/12
104         SUPERANNUATION

            INCOME TAX: is the deductible amount that is excluded from
            assessable income when a superannuation pension or annuity is
            paid reduced when the pension or annuity commences or finishes
105 1285    being paid to a taxpayer part-way through an income year?                TD     20-Oct-05    Andrew Lee      Benjamin Kelly      Mark Tomlinson      SPR    Stuart Forsyth    no draft     no draft     12-Apr-06     TD 2006/17
            INCOME TAX: will the Commissioner exercise his discretion under
            subsection 27H(3) of the Income Tax Assessment Act 1936 in
            determining the deductible amount in relation to a superannuation
            pension or `eligible annuity` split pursuant to an agreement or court
106 1192    order on marriage breakdown?                                             TD     14-Sep-05    Mladen Bajic    Lynette Peatfield    Timothy Oliver     SPR    Stuart Forsyth    38735      TD 2006/D3     24-May-06     TD 2006/34
            INCOME TAX: is a non-member spouse who is under 55 years of
            age entitled to a rebate under section 159SM or section 159SU of
            the Income Tax Assessment Act 1936 when a superannuation
            pension or `eligible annuity` is split pursuant to an agreement or
            court order on marriage breakdown on a specified percentage
107 1409    basis?                                                                   TD     14-Dec-05    Mladen Bajic    Lynette Peatfield    Timothy Oliver     SPR    Stuart Forsyth    38735      TD 2006/D4     24-May-06     TD 2006/35
            SUPERANNUATION GUARANTEE: what is the maximum
108 1681    contribution base for a quarter in the 2006-2007 year?                   SGD    23-May-06 Patricia McCarter Trevor Roberts       Thomas Godkin       SPR    Stuart Forsyth    no draft     no draft     31-May-06     SGD 2006/1
      A                                  B                                  C         D             E               F                G           H          I              J            K             L             M
                                                                                                                Approving                                                Draft
 5    ID                                  Topic                            Type   Notified       Author          Officer       Peer Reviewer    BSL   BSL SignOff       Issued     Draft Ref #   Final Issued   Final Ref #
         INCOME TAX: what are the thresholds and limits for
109 1680 superannuation amounts in 2006-2007?                              TD     23-May-06 Patricia McCarter Trevor Roberts   Emma Haines      SPR   Stuart Forsyth    no draft     no draft     31-May-06     TD 2006/42
         INCOME TAX: special income derived by a complying
         superannuation fund, a complying approved deposit fund or a
110 1037 pooled superannuation trust in relation to the year of income     TR     24-May-05   Damian Byrnes   Trevor Roberts   Benjamin Kelly   SPR     Ian Read       25-Jan-06   TR 2006/D1     2-Aug-06      TR 2006/7
         INCOME TAX: how does a taxpayer work out the amount to be
         included in assessable income under section 27H of the Income
         Tax Assessment Act 1936 for a superannuation pension or annuity
111 1286 that is payable in a foreign currency?                            TD     20-Oct-05    Andrew Lee     Benjamin Kelly   Mark Tomlinson   SPR   Helen Coyer      7-Jun-06    TD 2006/D20    13-Sep-06     TD 2006/54
      A                           B                            C       D             E                F            G              H          I        J           K            L             M                                 N
1 Withdrawn topics – 2006
2 Current as at 9 November 2006
3
                                                                                                 Approving       Peer         BSL Sign              Draft                  Withdrawn    Withdrawn
4     ID                       Topic                         Type   Notified       Author         Officer      Reviewer         Off         BSL    Issued     Draft Ref#      Date          By    Withdrawn Reason

5          GST

                                                                                                                                                                                                    The determination had limited application. Some
                                                                                                                                                                                                    commentary on this topic has been encompassed
                                                                                                                                                                                                    into the following determination: Goods and services
                                                                                                                                                                                                    tax: government entities and the margin scheme -
                                                                                                                                                                                                    does item 4 in the table in subsection 75-10(3) apply
          GST: is a supply between departments or                                                                                                                                                   if real property was vested for no consideration in a
          agencies that are part of the                                                                                                                                                             government department or agency on or after 1 July
          Commonwealth, or of the same State or                                                                                                                                                     2000 but was held by another department or agency
          Territory, a taxable supply to which the                                                              Chandra        Michael                                                    Michael   of the Commonwealth or the same State or Territory
6    1479 margin scheme can apply?                           GSTD 20-Feb-06 Tracey Barnett Robert Olding        Sharma         Hardy        GST    no draft    no draft     5-Apr-06      Hardy     since before 1 July 2000?
                                                                                                                                                                                                    Following recent legislative amendments, an
                                                                                                                                                                                                    addendum to GSTR 2000/20 was issued to highlight
         GST: residential premises and commercial                                                                               Bruce                                                               the amendments and enable taxpayers to continue
7    358 residential premises                                GSTR   29-Jun-05   Ronald Bauer    Robert Olding Lawrence Hill     Kanard      GST    no draft    no draft    25-Sep-06   Bruce Kanard to rely on GSTR 2000/20.

8          INCOME TAX

          INCOME TAX: can a valid election to apply                                                                                                                                                  Rulings Panel concluded that the draft TD should not
          domestic tax losses against assessable                                                                                                                                                     proceed and that further work should be undertaken
          income (made under section 79DA of the                                  Antonio                         Gavin        Luciano                                                   Luciano     in respect of the nature and type of choices /
9    1408 ITAA 1936) be revoked by the taxpayer?              TD    13-Dec-05     Marvello        Kate Roff      O`Shea        Carrea       LB&I   no draft    no draft    27-Mar-06     Carrea      elections contained in the ITAA and TAA.

                                                                                                                                                                                                   The Government has announced it will introduce
                                                                                                                                                                                                   regulations which propose to clarify the law on some
         INCOME TAX: for the purposes of Division                                                                                                                                                  aspects of this topic. The announcement states that
         974 of the Income Tax Assessment Act                                                                                                                                                      the final form of these regulations will be developed
         1997, is a right or obligation contingent on                                                                                                                                              in consultation with key stakeholders (Minister for
         economic performance if the right or                                                                                                                                                      Revenue and Assistant Treasurer Press Release,
         obligation will only arise if the issuer can                                                                                                                                              No. 90, 2005). Accordingly, the Tax Office will
         satisfy that right or obligation and remain                                                             Euan                                                                              consider whether there is any need for a ruling on
10   579 solvent?                                             TD    22-Jul-04   Paul McCartin    John Smith     Campbell      Ashley King   LB&I   no draft    no draft    27-Mar-06   Ashley King this topic after the introduction of these regulations.

                                                                                                                                                                                                   The Government has announced it will introduce
         INCOME TAX: for the purposes of Division                                                                                                                                                  regulations which propose to clarify the law on some
         974 of the Income Tax Assessment Act                                                                                                                                                      aspects of this topic. The announcement states that
         1997, is there an `effectively non-contingent                                                                                                                                             the final form of these regulations will be developed
         obligation` to provide a financial benefit if the                                                                                                                                         in consultation with key stakeholders (Minister for
         terms of issue of an interest provide that no                                                                                                                                             Revenue and Assistant Treasurer Press Release,
         amount will be due and payable if that would                                                                                                                                              No. 90, 2005). Accordingly, the Tax Office will
         cause the issuer of the interest to become                                                              Euan                                                                              consider whether there is any need for a ruling on
11   580 insolvent?                                           TD    22-Jul-04   Paul McCartin    John Smith     Campbell      Ashley King   LB&I   no draft    no draft    27-Mar-06   Ashley King this topic after the introduction of these regulations.
                                                                                                                                                                                                   Withdrawn pending potentially clarificatory litigation.
                                                                                                                                                                                                   ATO ID 2006/92 relates to this topic as it applies to
         INCOME TAX: tax consequences to                                         Christopher     Christopher      David                                                                            research and development core technology
12   642 company of issuing shares for assets                 TR    6-Sep-04       Hood            Hood          Schabe       Helen Duffy   LB&I   no draft    no draft     7-Apr-06   Helen Duffy expenditure.

                                                                                                                                                                                                     TD 2006/D12 was intended to replace ATO
                                                                                                                                                                                                     Interpretative Decisions (ATO IDs) 2003/185 and
        INCOME TAX: will a balancing adjustment                                                                                                                                                      186. As a result of comments received on the draft
        amount arise under section 40-285 of the                                                                                                                                                     TD, an issue was raised that is beyond the scope of
        Income Tax Assessment Act 1997 if a                                                                                                                                                          the ATO IDs which this draft TD was intended to
        balancing adjustment event, such as a sale,                                                                                                                                                  replace. Consequently, TD 2006/D12 has been
        occurs for a depreciating asset before the                                                                                                                                                   withdrawn. However, the ATO is working with the
        taxpayer uses the asset, or has it installed                                                              David        Richard                           TD                       Michael    Department of Treasury to resolve this issue and the
13 1466 ready for use, for any purpose?                       TD    7-Feb-06    Mark Sheaves    Michael Pini     Schabe         Collis      SB     1-Mar-06   2006/D12     19-Jul-06      Hardy      view expressed in the ATO IDs remains current.
      A                         B                          C         D            E               F            G             H           I         J           K            L           M                                   N
                                                                                              Approving       Peer        BSL Sign               Draft                  Withdrawn   Withdrawn
4    ID                     Topic                         Type   Notified       Author         Officer      Reviewer        Off         BSL     Issued     Draft Ref#      Date         By    Withdrawn Reason
        INCOME TAX: is a forex realisation gain
        `non-assessable non-exempt income` by
        operation of section 775-25 of the Income
        Tax Assessment Act 1997, where that gain                                                                                                                                                This TD has not been published. The topic is
        arises from a contract that was entered into                                                                                                                                            withdrawn from the program as the issues raised in
        to hedge against exchange rate movements                                Erangi         Andrew                                                                                           this TD form part of the broader consultation process
14 1387 in rela                                           TD     8-Nov-05      Udabage         Werbik       John Smith    Ashley King   LB&I    no draft    no draft    6-Sep-06    Ashley King undertaken by Treasury on TOFA legislation.
        INCOME TAX: is a forex realisation gain
        `non-assessable non-exempt income` by
        operation of section 775-25 of the Income
        Tax Assessment Act 1997, where that gain                                                                                                                                                This TD has not been published. The topic is
        arises from a contract that was entered into                                                                                                                                            withdrawn from the program as the issues raised in
        to hedge against exchange rate movements                                Erangi         Andrew                                                                                           this TD form part of the broader consultation process
15 1334 in rela                                           TD     8-Nov-05      Udabage         Werbik       John Smith    Ashley King   LB&I    no draft    no draft    6-Sep-06    Ashley King undertaken by Treasury on TOFA legislation.
        INCOME TAX: ascertaining the effective life
        of a mining, quarrying or prospecting right
        mentioned in item 11 of the table in
        subsection 40-95(7) of the Income Tax                                  Stephanie                                  Christopher                                               Christopher
16 1333 Assessment Act 1997                               TR     11-Nov-05       Oates       David Schabe   Rita Gentle      Tate       LB&I   1-Feb-06    TR 2006/D2   20-Sep-06      Tate     Ruling no longer current.

17        CONSOLIDATION

         INCOME TAX: consolidation: can the head
         company of consolidated group claim a
         deduction, under section 8-1 of the ITAA
         1997, for a consumable`s tax cost setting
         amount where:
         (a) an entity acquired a consumable before it
         became a subsidiary member of the
         consolidated group (the joining time); (b) the                                                                                                                                          This determination is being withdrawn following an
         expenditure incurred in purchasing the                                                                                                                                                  announcement by the Assistant Treasurer Mal
         consumable was deductible by entity in the                                                                                                                                              Brough on 1 December 2005 about changes to
         income year in which it was incurred; and (c)                                                                                                                                           improve the tax treatment of consolidating
         at the joining time, some or all of the                                                Susan       Desmond          Troy                             TD                     Desmond     companies. This modification will apply from 1 July
18   513 consumable remained on-hand?                     TD      6-Jul-04    Paul Corrie      Gaetjens     Maloney        Czabania     LB&I   8-Dec-04    2004/D75     11-Jan-06    Maloney     2002.
         INCOME TAX: consolidation: can the head
         company of a consolidated group claim
         deduction, following TR IT 333, for a
         consumable`s tax cost setting amount when
         the consumable is used, where: (a) an entity
         acquired the consumable before it became a                                                                                                                                              This determination is being withdrawn following an
         subsidiary member of the consolidated                                                                                                                                                   announcement by the Assistant Treasurer Mal
         group (the joining time); and (b) at the                                                                                                                                                Brough on 1 December 2005 about changes to
         joining time, some of the consumable                                                                                                                                                    improve the tax treatment of consolidating
         remained on-hand and its expenditure had                                               Susan       Desmond          Troy                             TD                     Desmond     companies. This modification will apply from 1 July
19   515 not been fully deducted?                         TD      6-Jul-04    Paul Corrie      Gaetjens     Maloney        Czabania     LB&I   8-Dec-04    2004/D74     11-Jan-06    Maloney     2002.

         INCOME TAX: consolidation: can the head
         company of a consolidated group claim a
         deduction, under section 8-1 or section 25-                                                                                                                                             This determination is being withdrawn following an
         95 of the Income Tax Assessment Act 1997,                                                                                                                                               announcement by the Assistant Treasurer Mal
         for the tax cost setting amount of partly                                                                                                                                               Brough on 1 December 2005 about changes to
         performed work which has not yet given rise                                                          Susan          Troy                             TD                     Desmond     improve the tax treatment of consolidating
20   793 to a recoverable debt?                           TD     7-Dec-04    James Targett Andrew Milton     Gaetjens      Czabania     LB&I   15-Dec-04   2004/D85     11-Jan-06    Maloney     companies. This change will apply from 1 July 2002.
         INCOME TAX: consolidation: does
         deregistration cause a company to fail to
         satisfy the section 703-15 of the Income Tax
         Assessment Act 1997 membership of the                                                Grahame       Stephanie        Troy                                                      Troy
21   542 consolidated group criteria?                     TD     6-Sep-05    Teresa Bostle     Hager          Long         Czabania     LB&I    no draft    no draft    27-Mar-06    Czabania    Duplicate entry to topic which issued as TD 2006/D2.
      A                        B                         C        D             E             F              G             H           I         J           K            L            M                                  N
                                                                                          Approving         Peer        BSL Sign               Draft                  Withdrawn    Withdrawn
4    ID                      Topic                      Type   Notified       Author       Officer        Reviewer        Off         BSL     Issued     Draft Ref#      Date          By    Withdrawn Reason
                                                                                                                                                                                                Subsequent to the release of TD 2005/D46, the Tax
                                                                                                                                                                                                Office has formed the view that a special conversion
        INCOME TAX: consolidation: losses: can                                                                                                                                                  event constitutes the cessation of a consolidated
        item 4 in the table in subsection 707-320(2)                                                                                                                                            group and the coming into existence of a different
        of the Income Tax Assessment Act 1997                                                                                                                                                   group, namely a MEC group. Under that
        apply to reduce or maintain the available                                                                                                                                               interpretative position, a special conversion event
        fractions of bundles of losses of the ongoing                                                                                                                                           cannot fall within the ambit of item 4. As a special
        head company where an application event is                                                                                                                                              conversion event comprises a substantial
        covered by one of the exceptions in section                          Joseph                       Desmond          Troy                             TD                        Troy      component of TD 2005/D46, it is being withdrawn
22 1186 719-300?                                        TD     7-Sep-05     Camenzuli     Mark Lyburn     Maloney        Czabania     LB&I   19-Oct-05   2005/D46     12-Jul-06     Czabania    from the date of this notice.
        INCOME TAX: consolidation: capital gains
        and losses: does a capital gain arise under
        CGT event C2 when the amount received in                                                                                                                                                The Determination is being withdrawn following an
        payment of a foreign currency denominated                                                                                                                                               announcement by the then Assistant Treasurer on 1
        trade receivable exceeds its tax cost setting                                                      Andrew          Troy                             TD                        Troy      December 2005 about changes to improve the tax
23 660 amount?                                          TD     17-Sep-04 James Targett    Rita Gentle      England       Czabania     LB&I    8-Dec-04   2004/D80      23-Aug-06    Czabania    treatment of consolidating companies.

24        CAPITAL GAINS TAX

        INCOME TAX: capital gains: for the
        purposes of subsection 118-10(3) of the
        Income Tax Assessment Act 1997, does the                                                                                                                                               The need for any Taxation Determination on this
        first element of the cost base of a foreign                                                                                                                                            topic will be reconsidered when relevant measures
        currency denominated bank account include                                                                                                                                              that were announced by the Minister for Revenue
        each deposit to the bank account where the                                                                                                                                             and Assistant Treasurer in Press Release No. 002 of
25 1643 bank account is a personal use asset?           TD     3-May-06 George Roumeliotis Smith
                                                                                      John               Martin KeatingAshley King    LB&I    no draft    no draft    15-Sep-06    Ashley King 5 August 2004 are introduced.

26        INTERNATIONAL
        INTERNATIONAL - Income tax: can an
        `attributable taxpayer` of a CFC make a
        choice to use the `applicable functional
        currency` under Item 4 of the table in
        subsection 960-60(1) of the Income Tax
        Assessment Act 1997, when the choice is
        made within 90 days of the time the CFC                                                            Ross         Anne Van                                                    Anne Van  The issues covered by this ruling have been dealt
27 1018 comes into existence?                           TR     21-Jul-05   Andrew Peake Timothy Oliver    Wadelton        Loon        LB&I    no draft    no draft    26-Jul-06       Loon    with in TD 2006/6.
        INTERNATIONAL - Income tax:                                                                                                                                                           The ruling is not required because it is better dealt
        assessability of earnings derived by                                                                                                                                                  with by other means. The Tax Office will
        Australian residents in Japan under the                              Gregory       Lynette         Stephen                                                                            communicate directly with the JET program
28 1854 Japan Exchange and Teaching Program             TR     24-Aug-06     Vitulano      Peatfield       Knipler      Peter Nash    MEI     no draft    no draft    17-Oct-06    Peter Nash administrators.

        INTERNATIONAL - Income tax:
        international transfer pricing: customs duty:                                                                                                                                          The Ruling is no longer required as the issue is
        goods acquired under an international                                                                                                                                                  better dealt with by other means - Australian
        agreement: transfer pricing determination                                                                                                                                              Customs Service and the Tax Office are discussing
        made under subsection 136AD(3) of                                                                                                                                                      the linkages/harmonisation available between
        Division 13 of the Income Tax Assessment                                                                                                                                               transfer pricing methodologies and customs
        Act 1936: impact of that determination on                           Christopher                                                                                                        valuation rules when a transfer pricing determination
29 1429 tax treatment of customs duty incurred          TR     4-Jan-06      Thomas       Rita Gentle    Michael Pini   Peter Smith   LB&I    no draft    no draft    6-Nov-06     Peter Smith is made.

								
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