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Weekly tax highlights

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

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

EM

22.6.11
 

17.8.11

18.8.11

13.10.11

3.11.11/129

Reform of Transport FBT; Children with Disabilities; DGRs; 

Tax Laws Amendment (Research and Development) 2011

EM

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)

EM

13.9.11
 

12.10.11 12.10.11 8.11.11 18.11.11/131

Carbon Tax

 Tax Laws Amendment (2011 Measures No. 7) Bill 2011

EM

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 

 Tax Laws Amendment (2011 Measures No. 8) Bill 2011

EM

13.10.11
 

21.11.11 22.11.11 23.11.11 .

Primary Production Trust; PRRT; Company Directors
PAYG  Withholding Non-Compliance

 Pay As You Go Withholding Non-compliance Tax Bill 2011

EM

13.10.11
 

. . . .

PAYG  Withholding Non-Compliance

Minerals Resource Rent Tax Bill 2011 (and Related Bills)

EM

2.11.11
 

22.11.11 . . .

Minerals Resource Rent Tax

Petroleum Resource Rent Tax Bill 2011 (and Related Bills)

EM

2.11.11
 

22.11.11 . . .

Petroleum Resource Rent Tax

 Tax Laws Amendment (Stronger, Fairer, Simpler and Other Measures) Bill 2011

EM

2.11.11
 

22.11.11 . . .

Small Business Deductions, Entrepreneurs Tax; Low income super

 Superannuation Guarantee (Administration) Amendment Bill 2011

EM

2.11.11
 

22.11.11. . . .

Superannaution Guarantee Rate

Tax Laws Amendment (2011 Measures No. 9) Bill 2011

EM

23.11.11
 

. . . .

CGT Provisions,  GST,  DGR list and Technical Corrections