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A B C D E F G H I J K L M N O P Q
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
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
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
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: 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
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: 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
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: 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
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: 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
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: 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
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
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
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: 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
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:
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
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: 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.
