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Weekly tax highlights

Greenwoods & Freehills Weekly Tax Highlights 8.7.11

ATO Documents

Released 6.7.11

Class Rulings
CR 2011/67: Income tax: proposed return of capital: eServGlobal Limited
Addenda 
TR 2002/8: Income tax: assessability of payments received from strike funds
TR 2005/10: Income tax: consolidation: retained cost base assets consisting of Australian currency or a right to receive a specified amount of such currency 
TD 2006/59: Income tax: consolidation: subsidiary in liquidation: are unsatisfied debts of a subsidiary at the time of deregistration, being debts owed to creditors outside of the consolidated group, accounting liabilities for the purposes of subsection 711-45(1) of the Income Tax Assessment Act 1997?
Notices of Withdrawal
TD 2002/19: Income tax: can a private company be taken to have paid a dividend under section 109D of the Income Tax Assessment Act 1936 ('the Act') in respect of a loan taken to have been made by the operation of section 109UB of the Act where the loan is made to another company?
GSTA TPP 096: Goods and services tax: Is there an increasing adjustment under Division 138 of the GST Act if an entity carrying on a farming business undertakes improvements to its farm land and subsequently cancels its GST registration?

Released 7.7.11

PAYG Variations and Notices
TPAL 2011/1: Lodgment of returns for the year of income ended 30 June 2011 in accordance with the Income Tax Assessment Act 1936, the Income Tax Assessment Act 1997, the Taxation Administration Act 1953, the Superannuation Industry (Supervision) Act 1993 and the Income Tax (Transitional Provisions) Act 1997 Dated this 20th day of June 2011 

Carbon Pricing

Released 10.7.11

The Government has released details of the Carbon Pricing regime. Details of the proposed changes can be found at http://www.cleanenergyfuture.gov.au/. The details of the changes are contained in the document "Securing a clean energy future". Greenwoods & Freehills has releasd a tax brief analysing the measures.

Appeals Update

Esso Australia Resources Pty Ltd v The Commissioner of Taxation [2011] FCA 565 (30 May 2011): The taxpayer has appealed to the Full Federal Court. This case concerns the application of  the Petroleum Resources Rent Tax Assessment Act 1987 (PRRTA) to certain activities undertaken by Esso Australia (particularly in relation to arrangements between Esso Australia and one of its subsidiaries for the provision of contractor services associated with petroleum exploration and contribution fees paid to a US affiliate of Esso for mutualised research).  The Federal Court held that the costs paid to the subsidiary were deductible under s.37 and 38 of the PRRTA but that the contribution fees were not.  The case provides commentary on the operation of the PRRTA and in particular the deductibility provisions.

Progress of legislation

As At 8.7.11

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

20.6.11


29.6.11/61

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

27.6.11/45

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


27.6.11/41

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


27.6.11/51

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


27.6.11/44

Medicare Levy Thresholds

Taxation of Alternative Fuels Legislation Amendment Bill 2011

EM

12.5.11
 

14.6.11 16.6.11

20.6.11

29.6.11/68

Alternative Fuels Reform

Excise Tariff Amendment (Taxation of Alternative Fuels) Bill 2011

EM

12.5.11
 

14.6.11 16.6.11

20.6.11

29.6.11/67

Alternative Fuels Reform

Customs Tariff Amendment (Taxation of Alternative Fuels) Bill 2011

EM

12.5.11
 

14.6.11 16.6.11

20.6.11

29.6.11/63

Alternative Fuels Reform

Energy Grants (Cleaner Fuels) Scheme Amendment Bill 2011

EM

12.5.11
 

14.6.11 16.6.11

20.6.11

29.6.11/66

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

27.6.11/43

PAYG; Unearned income of Minors; Superannuation Contributions

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

EM

2.6.11
 

20.6.11 22.6.11

23.6.11

29.6.11/62

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

Tax Laws Amendment (2011 Measures No. 6) Bill 2011

EM

22.6.11
 

. .

 

.

.

Reform of Transport FBT; Children with Disabilities; DGRs;