Greenwoods & Freehills Weekly Tax Highlights 6.1.12
ATO documents
Draft Taxation Ruling
TR 2011/D8: Income tax: Section 254T of the Corporations Act and the assessment and franking of dividends paid from 28 June 2010
Draft Goods and Services Tax Determination
GSTD 2011/D5: Goods and services tax: Are acquisitions related to an entity's retail foreign currency exchange transactions with customers in Australia made solely for a creditable purpose under section 11-15 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act)?
Class Rulings
CR 2011/108: Income tax: Coal & Allied Industries Limited Scheme of Arrangement and payment of Interim Dividend and Special Dividend
CR 2011/109: Income tax: CSR Limited - CSR Universal Share Ownership Plan - Sale of Sucrogen Ltd and Return of Capital
Product Rulings
PR 2011/25: Income tax: deductibility of interest in relation to investment in units in the Macquarie Flexi 100 Trust issued on or before 30 June 2014 - full recourse borrowings
Draft Addendum
GSTR 2002/2D: Goods and services tax: GST treatment of financial supplies and related supplies and acquisitions
Addenda
TR 2006/11: Income tax: Private Rulings
GSTR 2003/8: Goods and services tax: supply of rights for use outside Australia - subsection 38-190(1), item 4, paragraph (a) and subsection 38-190(2)
New Interpretative Decisions
ATO ID 2012/1: GST and brokerage services for foreign shares listed overseas
ATO ID 2012/2: Irish Universal Social Charge and Article 2 of the Irish Double Tax Agreement
ATO ID 2012/3: Amendment of Assessments: time limits for amending assessments for an individual and the application of Regulation 20 of the Income Tax Regulations 1936
ATO ID 2011/100: Assessable Income: gain made from the buying of Notes at a discount
ATO ID 2011/101: Capital Gains Tax: Division 149 majority underlying interests - no new shareholders
ATO ID 2011/102: Amendment of income tax assessment outside limited amendment period on an application for amendment by the taxpayer
ATO ID 2011/103: Storage licence and conditions that relate to the excisable goods stored
ATO ID 2011/104: Division 7A: Application of section 109T - where payment made by a private company to an interposed entity is a payment of an actual dividend
ATO ID 2011/105: GST: Reduced credit acquisition and the delivery and collection of cash from ATMs not located at ADI branch premises
ATO ID 2011/106: GST: Reduced credit acquisitions for delivery and collection of cash from ATMs located outside the operating area of an ADI
ATO ID 2011/107: Capital Gains Tax: Division 149 majority underlying interests - new shareholder
Withdrawn Interpretative Decisions
ATO ID 2010/24: Irish income levy and Article 2 of the Irish Agreement
ATO ID 2002/1039: Capital gains tax: main residence - dependent children having different main residence
ATO ID 2003/251: CGT Dairy industry deregulation: disposal of payment right - capital gain
ATO ID 2003/259: CGT: Bankruptcy - current year capital losses not disregarded
ATO ID 2003/272: CGT Main residence exemption: ownership interest - share in company
Decision Impact Statements
DIS: The Taxpayer and Commissioner of Taxation
DIS: Cannavo and Commissioner of Taxation
DIS: The Taxpayer and Commissioner of Taxation
Franking dividends: interaction with Corporations Act changes
On 21 December 2011, the ATO released Draft Taxation Ruling TR 2011/D8: Section 254T of the Corporations Act and the assessment and franking of dividends paid from 28 June 2010. The ATO also released a legal opinion obtained by the Commissioner to assist in formulating the views expressed in the draft ruling. The draft ruling is intended to clarify the ATO’s position on the taxation of dividends paid in compliance with the new section 254T of the Corporations Act 2001, including when such dividends can be franked. Greenwoods & Freehills will be releasing a detailed tax brief on the draft ruling in the near future.
Protocol amending the Australia-India tax treaty
On 16 December 2011, the Governments of Australia and India signed a Protocol amending the Australia-India tax treaty, which was originally signed in 1991. Key changes under the Protocol are:
• the threshold for creating a permanent establishment through furnishing services in a source state has been increased to 183 days in a 12 month period from the existing threshold of 90 days;
• a permanent establishment will arise from carrying on natural resource exploration or exploitation activities for more than 90 days in a 12 month period, or from operating substantial equipment for more than 183 days in a 12 month period – the existing treaty does not provide a threshold period for a permanent establishment to arise in either case;
• the ‘force of attraction’ rule in the current business profits article will be removed so that only the profits attributable to a permanent establishment may be taxed in that country – currently source taxation rights are extended to profits from similar activities carried out in the source state as those carried out through the permanent establishment; and
• new non-discrimination, exchange of information and assistance in the collection of taxes articles will be introduced.
Refund of excess concessional contributions - exposure draft
On 20 December 2011, Treasury released an exposure draft legislation (and accompanying explanatory material) designed to give effect to the Government's 2011-12 Budget measure, superannuation – refund of excess concessional contributions.
This measure will give eligible individuals the option to have excess concessional contributions of up to $10,000 taken out of their superannuation fund and assessed at their marginal income tax rate rather than incurring the excess contributions tax.Progress of legislation
As at 6.1.12|
Bill |
Explanatory Memorandum |
Intro House |
Passed House |
Intro Senate |
Passed Senate |
Date of Royal assent / Act Number |
Description |
|
22.6.11 |
17.8.11 |
18.8.11 |
13.10.11 |
3.11.11/129 |
Reform of Transport FBT; Children with Disabilities; DGRs; | ||
|
30.9.10 |
22.11.10 |
23.11.10 |
23.8.11 . |
8.9.11/93 |
Reform of Transport FBT; Children with Disabilities; DGRs; | ||
| Clean Energy Bill 2011 (and Related Bills) |
13.9.11 |
12.10.11 | 12.10.11 | 8.11.11 | 18.11.11/131 |
Carbon Tax | |
|
22.9.11 |
13.10.11 | 31.10.11 | 21.11.11 | 29.11.11/147 |
TOFA, Ancillary Funds; Special Disability Funds; Income Tax Rates; Farm Management; Film Offsets | ||
|
13.10.11 |
21.11.11 | 22.11.11 | 23.11.11 | . |
Primary Production Trust; PRRT; Company Directors | ||
|
13.10.11 |
. | . | . | . |
PAYG Withholding Non-Compliance | ||
|
Minerals Resource Rent Tax Bill 2011 (and Related Bills) |
2.11.11 |
22.11.11 | . | . | . |
Minerals Resource Rent Tax | |
|
Petroleum Resource Rent Tax Bill 2011 (and Related Bills) |
2.11.11 |
22.11.11 | . | . | . |
Petroleum Resource Rent Tax | |
|
Tax Laws Amendment (Stronger, Fairer, Simpler and Other Measures) Bill 2011 |
2.11.11 |
22.11.11 | . | . | . |
Small Business Deductions, Entrepreneurs Tax; Low income super | |
|
Superannuation Guarantee (Administration) Amendment Bill 2011 |
2.11.11 |
22.11.11. | . | . | . |
Superannaution Guarantee Rate | |
|
23.11.11 |
. | . | . | . |
CGT Provisions, GST, DGR list and Technical Corrections |