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Weekly tax highlights

Greenwoods & Freehills Weekly Tax Highlights 17.6.11

ATO Documents

Released 15.6.11
 
Class Rulings
CR 2011/54: Income tax: off-market share buy-back: JB Hi-Fi Limited 
CR 2011/55: Income tax: proposed return of capital: Village Roadshow Limited 
CR 2011/56: Income tax: return of capital - NIB holdings limited 
CR 2011/57: Income tax: demerger of Treasury Wine Estates Limited by Foster's Group Limited 
CR 2011/58: Goods and services tax: goods and services supplied by dental prosthetists and technicians (of the Oral Health Professionals Association) 
CR 2011/59: Income tax: off-market takeover of Crane Group Limited and Special Dividend  
Taxation Determinations
TD 2011/15: Income tax: Division 7A - unpaid present entitlements - factors the Commissioner will take into account in determining the amount of any deemed entitlement arising under section 109XI of the Income Tax Assessment Act 1936 
TD 2011/16: Income tax: Division 7A - payments and loans through interposed entities - factors the Commissioner will take into account in determining the amount of any deemed payment or notional loan arising under section 109T of the Income Tax Assessment Act 1936
Draft Taxation Determination
TD 2011/D7: Income tax: Division 7A: do the exclusion rules in Subdivision D of Division 7A of Part III of the Income Tax Assessment Act 1936 (ITAA 1936) necessarily impact on the deemed circumstances arising from Subdivision E of the ITAA 1936 and the consequent operation of Subdivision B of the ITAA 1936? 
Addendum
PR 2011/9: Income tax: TFS Sandalwood Project 2011 

Released 16.6.11

Decision Impact Statement
2010/1310: Perfrement and Commissioner of Taxation 

Released 17.6.11
New Interpretative Decisions
ATO ID 2011/49: Salary and wages of a foreign resident public sector employee
ATO ID 2011/50: Residency: employee of a public sector organisation working permanently in Singapore 
ATO ID 2011/51: Consolidation: application of subsection 701-55(2) of the ITAA 1997 where no method to work out the decline in value applied before the joining time 
ATO ID 2011/52: Assessability of allowances received from employment in a foreign country
ATO ID 2011/53: Dual resident of Australia and the UK: centre of vital interests  
Decision Impact Statement
VID 738 of 2010: Commissioner of Taxation v. Administrative Appeals Tribunal
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Tax Cases

Deputy Commissioner of Taxation v  Australian Securities  and Investments Commission [2011] FCA 524 (19 May 2011): The Federal Court has agreed to an ATO application and ordered the reinstatement by ASIC of a company that had been deregistered.  The Court decided that the ATO was a person aggrieved within the meaning of s.601AH(2)(a)(i) of the Corporations Act, and that the reinstatement of the company was just.

Progress of legislation

Tax Laws Amendment (2011 Measures No. 2) Bill 2011; Tax Laws Amendment (2011 Measures No. 3) Bill 2011; Tax Laws Amendment (2011 Measures No. 4) Bill 2011; Tax Laws Amendment (Medicare Levy and Medicare Levy Surcharge) Bill 2011; and International Tax Agreements Amendment Bill (No. 1) 2011 have all passed through the Senate without amendment and now await Royal Assent.

As At 17.6.11

Bill
  

 

Explanatory Memorandum  

 

Intro House

Passed House

Intro Senate

Passed Senate

Date of Royal assent / Act Number

 Description

Tax Laws Amendment (Research and Development) Bill 2010

EM

30.9.10
 

22.11.10

23.11.10

 


 

Refundable R&D Tax Offsets

Tax Laws Amendment (2010 Measures No. 5) Bill 2010

EM

25.11.10
 

2.3.11

2.3.11

 


 

Film Tax Offsets; Benchmark Interest Rates; CGT

Tax Laws Amendment (2011 Measures No. 1) Bill 2011 

EM 

24.2.11 

24.3.11

25.3.11

10.5.11

25.5.11/31

Disaster Related Initiatives; First Home Saver Accounts

International Tax Agreements Amendment Bill (No. 1) 2011

EM 

23.3.11
 

12.5.11 14.6.11

15.6.11

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Removal of Provisions, Aruba, Chile, the Cook Islands, Guernsey, Malaysia, Samoa and Turkey.

Tax Laws Amendment (2011 Measures No. 2) Bill 2011

EM

24.3.11
 

12.5.11 14.6.11

15.6.11


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GST, Superannuation, DGRs

Tax Laws Amendment (2011 Measures No. 3) Bill 2011

EM

12.5.11
 

25.5.11 14.6.11

15.6.11


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GST, GIC

Tax Laws Amendment (Medicare Levy and Medicare Levy Surcharge) Bill 2011

EM

12.5.11
 

25.5.11 14.6.11

15.6.11


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Medicare Levy Thresholds

Taxation of Alternative Fuels Legislation Amendment Bill 2011

EM

12.5.11
 

14.6.11 15.6.11

 

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Alternative Fuels Reform

Excise Tariff Amendment (Taxation of Alternative Fuels) Bill 2011

EM

12.5.11
 

14.6.11 16.6.11

 

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Alternative Fuels Reform

Customs Tariff Amendment (Taxation of Alternative Fuels) Bill 2011

EM

12.5.11
 

14.6.11 16.6.11

 

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Alternative Fuels Reform

Energy Grants (Cleaner Fuels) Scheme Amendment Bill 2011

EM

12.5.11
 

14.6.11 16.6.11

 

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Alternative Fuels Reform

Tax Laws Amendment (2011 Measures No.4) Bill 2011

EM

26.5.11
 

31.5.11 14.6.11

15.6.11

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PAYG; Unearned income of Minors; Superannuation Contributions

Tax Laws Amendment (2011 Measures No. 5) Bill 2011

EM

2.6.11
 

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Trusts; Primary Producers; National Rental Affordability Scheme; Dependent Spouse Tax Offset; Reform of Car FBT