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Weekly tax highlights

Greenwoods & Freehills Weekly Tax Highlights 29.6.12

ATO documents

Taxation Rulings
TR 2012/2: Income tax: effective life of depreciating assets (applicable from 1 July 2012)
TR 2012/5: Income tax: section 254T of the Corporations Act 2001 and the assessment and franking of dividends paid from 28 June 2010

Taxation Determinations
TD 2012/15: Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2012 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used? 
TD 2012/16: Income tax: what is the car limit for the 2012?13 financial year?
TD 2012/17: Income tax: what are the reasonable travel and overtime meal allowance expense amounts for the 2012/13 income year?

Class Rulings
CR 2012/41: Income tax: demerger of Phillips 66 by ConocoPhillips Company
CR 2012/42: Income tax: demerger of Phillips 66 by ConocoPhillips Company - employee share schemes
CR 2012/43: Income tax: proposed return of capital: Murchison Metals Ltd
CR 2012/45: Income tax: the 2012 BlueScope Sheet Metal Supplies Chullora and Trade Coast Early Retirement Scheme 

Taxpayer Alert
TA 2012/3: Structured financial products that exploit franking credits and other tax benefits 

Notice of Withdrawal
TR 2011/2: Income tax: effective life of depreciating assets (applicable from 1 July 2011) 
 
Interpretative Decision
ATO ID 2012/59: Reduction in shortfall interest charge: credit amendment: assessable recoupment
Withdrawn Interpretative Decision
ATO ID 2008/155: Operation of section 99B: trust income included in the assessable income of the beneficiary by section 97 but not declared in the beneficiary's income tax return

PAYG Variations and Notices
OPS 2012/3: Tax table for employment termination payments
OPS 2012/4: Lodgment of statements by first home saver account providers for the year ended 30 June 2012 in accordance with the Taxation Administration Act 1953
TPAL 2012/1: Lodgment of returns for the year of income ended 30 June 2012 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  

Practice Statement
PS LA 2012/2: Change of trustee (recovery of income tax and GST liabilities)

Minor amendments to CGT law - proposals paper

Treasury has released a proposals paper that will form the basis of consultation on the policy design of these measures.  The proposals paper sets out, in broad terms, how the measures may be implemented. The purpose of this proposals paper is to provide interested parties with an opportunity to comment on the policy design of these measures.

Tax Case

MTAA Superannuation Fund (R G Casey) Building Property Pty Ltd v Commissioner of Taxation [2012] FCAFC 89 (20 June 2012): The Full Federal Court has dismissed the taxpayer's appeal from the AAT. The AAT had rejected the taxpayer's argument that supplies made under amended pre-GST leases during the relevant periods were GST free.

Progress of legislation

Tax Laws Amendment (2012 Measures No. 4) Bill 2012 was introduced into the House of Representatives on 28.6.12. The Bill includes amendments in relation to the living-away-from-home allowances and benefits..

Tax Laws Amendment (Managed Investment Trust Withholding Tax) Bill 2012; Income Tax (Managed Investment Trust Withholding Tax) Amendment Bill 2012 , Tax Laws Amendment 2012 Measures No.1 Bill 2012, Tax Laws Amendment (2012 Measures No. 2) Bill 2012, Superannuation Legislation Amendment (Stronger Super) Bill 2012 and Tax and Superannuation Laws Amendment (2012 Measures No. 1) Bill 2012 have received Royal Assent.

As at 29.6.12

Bill
  

 

Explanatory Memorandum  

 

Intro House

Passed House

Intro Senate

Passed Senate

Date of Royal assent / Act Number

 Description

 Superannuation Guarantee (Administration) Amendment Bill 2011

EM

2.11.11
 

22.11.11 7.2.12 19.3.12 29.3.12/22

Superannuation Guarantee Rate

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

EM

23.11.11
 

14.2.12 27.2.12. 1.3.12 21.3.12 /12

CGT Provisions,  GST,  DGR list and Technical Corrections

Superannuation Legislation Amendment (Trustee Obligations and Prudential Standards) Bill 2012

EM

16.2.12
 

23.5.12 18.6.12 . .

MySuper reforms

Tax and Superannuation Laws Amendment (2012 Measures No. 1) Bill 2012

EM

1.3.12
 

22.5.12 18.6.12 18.6.12 27.6.12/75

Discretion to delay refunds, GST, Superannuation

Indirect Tax Laws Amendment (Assessment) Bill 2012

EM

29.2.12
 

13.3.12 14.3.12 21.3.12 15.4.12/39

Indirect taxation, GST, Superannuation

Tax Laws Amendment 2012 Measures No.1 Bill 2012

EM

21.3.12 

9.5.12 10.5.12 18.6.12 27.6.12/71

Disallows deductions against government assistance payments; CGT; Floods;  Dependent Tax offsets;

Tax Laws Amendment (Shipping Reforms) Bill 2012

EM

22.3.12 

31.5.12 18.6.12. 18.6.12 21.6.12/57

Shipping Reforms

Shipping Reform (Tax Incentives) Bill 2012

EM

22.3.12 

31.5.12 18.6.12 18.6.12 21.6.12/53

Shipping Reforms

Tax Laws Amendment (2012 Measures No. 2) Bill 2012

EM

24.5.12 

20.6.12 21.6.12 27.6.12 29.6.12/99

PAYG withholding and superannuation guarantee obligations;  Consolidation and TOFA;  Consolidation - Rights to future income

Income Tax (Managed Investment Trust Withholding Tax) Amendment Bill 2012

EM

24.5.12 

26.6.12 28.6.12 28.6.12 29.6.12/96

Cognate Bill

PAYG Withholding Non-compliance Tax Bill 2012

EM

24.5.12 

20.6.12 21.6.12 . .

Cognate Bill

Tax Laws Amendment (2012 Measures No. 3) Bill 2012 

EM

24.5.12 

31.5.12 18.6.12 18.6.12 21.6.12/60

 Marginal tax rate; non-resident workers; excise on blended fuels; low income tax offset for the unearned income of minors; ETPs.

 Income Tax (Seasonal Labour Mobility Program Withholding Tax Bill) 2012

EM

25.5.12 

31.5.12 18.6.12. 18.6.12 21.6.12/59

Cognate Bill

Tax Laws Amendment (Income Tax Rates) Bill 2012

EM

25.5.12 

31.5.12 18.6.12. 18.6.12 21.6.12/57

Cognate Bill

Tax Laws Amendment (Cross-Border Profit Transfer Pricing) (No. 1) Bill

EM

25.5.12 

19.6.12 20.6.12 . .

Transfer pricing rules

Superannuation Legislation Amendment (Stronger Super) Bill 2012

EM

25.5.12 

18.6.12 19.6.12 26.6.12 28.6.12/92

Superannuation Reforms

Tax Laws Amendment (Managed Investment Trust Withholding Tax) Bill 2012  EM

21.6.12

26.6.12 28.6.12. 28.6.12 29.6.12/97

MIT withholding tax rate

Tax Laws Amendment (Investment Manager Regime) Bill 2012

EM

21.6.12 

27.6.12 . . .

Investment Manager Regime