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Withdrawn Interpretative Decision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 |
|
27.8.08 |
13.10.08 |
14.10.08 |
3.2.09
|
|
Removes Tax Deductibility of Political Donations, GST | ||
|
17.9.08 |
24.9.08 |
25.9.08 |
16.10.08
|
31.10.08/111 |
Introduces a Protocol with South Africa | ||
|
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, | ||
|
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, |
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 |
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 |
25.9.08 |
13.10.08 |
14.10.08 |
16.10.08
|
31.10.08/110 | ||
|
13.11.08 |
|
|
|
|
Introduces a new legislative regime for Tax Agents | ||
|
Tax Laws Amendment (Taxation of Fianancial Arrangements) Bill 2008 |
4.12.08 |
|
|
|
|
Division 230. Stages 3 and 4 of TOFA, these being hedging and non-hedging rules | |
|
3.12.08 |
5.2.09 |
5.2.09 |
|
|
Scrip for Scrip, International Tax collection, Superannuation Offsets | ||
|
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 |
13.2.09 |
13.2.09 |
12.2.09 |
12.2.09
|
|
Tax Bonus for Working Australians | |
|
13.2.09 |
13.2.09 |
12.2.09 |
12.2.09
|
|
Various Bonuses for Household Situations |
||
|
12.2.09 |
|
|
|
PAYG Instalments, Temporary Resident's Superannuation, Income Test. |