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    Greenwoods and Freehills Weekly Tax Highlights - Week Ended 13.2.09

    ATO Documents

    Released 11.2.09

    Notices of Withdrawal
    Taxation Ruling

    TR 2007/8: Income tax: registered agricultural managed investment schemes
    Draft Goods and Services Tax Ruling
    GSTR 2008/D1: Goods and services tax: registered agricultural managed investment schemes
    Addendum
    Product Ruling

    PR 2007/71: The Product Rulings System


    Released 13.2.09

    Interpretative Decision
    ATO ID 2009/9: Deductibility of expenses: property buyers agent's fee 

    Withdrawn Interpretative Decision
    ATO ID 2006/242: Canadian Convention: alienation of property - surrender of life interest in deceased estate

    Stimulus Bills Reintroduced

    Introduced 12.2.09

    The Government has last night reintroduced a revised package of  Bills to implement the Government's proposed stimulus package. The reintroduction follows the rejection of the Bills in the Senate. The Bills will take account of the reduction in the tax bonus and single income family bonus payments from $950 to $900. The legislative table below has been updated to provide links to the new Bills and explanatory memoranda. The Bills are Household Stimulus Package Bill (No 2) 2009; Tax Bonus for Working Australians Bill (No 2) 2009 and Tax Bonus for Working Australians (Consequential Amendments) Bill (No 2) 2009.
      

    Tax Laws Amendment (2009 Measures No 1) Bill 2009

    Introduced 12.2.09

    Tax Laws Amendment (2009 Measures No 1) Bill 2009 and associated explanatory memorandum has been introduced into the House of Representatives. The Bill contains various measures. These include a 20% reduction of the amount of the PAYG instalment for the quarter that includes 31 December 2008 for certain small business taxpayers, temporary residents' unclaimed superannuation and income test reform for various government initiatives.

    Draft Tax Agent Transitional and Consequential Amendments Bill

    Released 12.2.09

    Treasury has released the Exposure Draft Tax Agent Services (Transitional Provisions and Consequential Amendments) Bill 2009 and the Exposure Draft Explanatory Memorandum. This Bill is intended to facilitate the smooth transitioning of tax agents into the new regulatory regime. In related news the Tax Agent Bill has now entered the Senate. 

    Tax Cases

    Woodside Energy Ltd v FCT [2009] FCAFC 12, 12 February 2009: The Full Federal Court has upheld the decision at first instance. The Court found that hedging losses incurred by Woodside Energy Ltd could not be taken into account to reduce its "taxable profit" for the purpose of determining its liability to Petroleum Resource Rent. The court determined that hedging losses could not be regarded as expenses under the  Petroleum Resource Rent Tax Assessment Act 1987.

    Progress of Legislation

    As at 13.2.09

    Bill
      

     

    Explanatory Memorandum  

     

    Intro House

    Passed House

    Intro Senate

    Passed Senate

    Date of Royal assent / Act Number

     Description

    Tax Laws Amendment (Political Contributions and Gifts) Bill

    EM
      

     

    27.8.08

    13.10.08
     

    14.10.08

     

    3.2.09


    .

     

    Removes Tax Deductibility of Political Donations, GST

    International Tax Agreements Amendment Bill (No 2) 2008

    EM
      

     

    17.9.08

    24.9.08
     

    25.9.08

     

    16.10.08


    .

    31.10.08/111

    Introduces a Protocol with South Africa

    Tax Laws Amendment (2008 Measures No 5) Bill 2008

    EM 

     

    25.9.08

    24.11.08
     

    25.11.08

     

    1.12.08


    .

    9.12.08/145

    GST, Thin Cap, Division 6C, Definition of "Otherwise Deductible, Exemption of Interest Withholding,

    Tax Laws Amendment (Education Refund) Bill 2008

    EM  

     

    25.9.08

    11.11.08

    25.11.08

     

    1.12.08


    .

    9.12.08/141

    Tax Offsets for Education Expenses

    Temporary Residents' Superannuation Legislation Amendment Bill 2008,

    EM   

     

    25.9.08

    22.10.08
     

    10.11.08

     

    4.12.08


    .

     

    Payment of Superannuation on Behalf of Temporary Visa Holders

    Superannuation (Departing Australia Superannuation Payments Tax) Amendment Bill 2008

    EM  
      

     

    25.9.08

    22.10.08
     

    10.11.08

     

    4.12.08


    .

     

    Payment of Superannuation on Behalf of Temporary Visa Holders

    Tax Laws Amendment (Medicare Levy Surcharge Thresholds) Bill (No 2) 2008

    EM
      

     

    25.9.08

    13.10.08
     

    14.10.08

     

    16.10.08


    .

    31.10.08/110

    Tax Agent Services Bill 2008

    EM
      

     

    13.11.08


     

     

     

     


    .

     

    Introduces a new legislative regime for Tax Agents

    Tax Laws Amendment (Taxation of Fianancial Arrangements) Bill 2008

    EM   

     

    4.12.08


     

     

     

     


    .

     

    Division 230. Stages 3 and 4 of TOFA, these being hedging and non-hedging rules

    Tax Laws Amendment (2008 Measures No. 6) Bill 2008

    EM
      

     

    3.12.08

    5.2.09
     

    5.2.09

     

     


    .

     

    Scrip for Scrip, International Tax collection, Superannuation Offsets

    Tax Bonus for Working Australians Bill (No.2) 2009

    EM
     

    13.2.09

    13.2.09
     

    12.2.09

     

    12.2.09


    .

     

    Tax Bonus for Working Australians

    Tax Bonus for Working Australians (Consequential Amendments) (No.2)Bill 2009 

    EM
      

     

    13.2.09

    13.2.09

    12.2.09

     

    12.2.09


    .

     

    Tax Bonus for Working Australians

    Household Stimulus Package Bill (No.2) 2009

    EM    

     

    13.2.09

    13.2.09

    12.2.09

     

    12.2.09


    .

     

    Various Bonuses for Household Situations 

    Tax Laws Amendment (2009 Measures No 1) Bill 2009

    EM

     

    12.2.09

     

     

     

     


    .

     

    PAYG Instalments, Temporary Resident's Superannuation, Income Test.