Greenwoods & Freehills Weekly Tax Highlights 9.12.11
ATO documents
Draft Taxation Ruling
TR 2011/D6: Income tax: deductibility under subsection 295-465(1) of the Income Tax Assessment Act 1997 of premiums paid by a complying superannuation fund for an insurance policy providing Total and Permanent Disability cover in respect of its members
TR 2011/D5: Income tax: school or college building funds
Class Rulings
CR 2011/104: Income tax: demerger of BQF unit trust by Pelorus Private Equity Limited
CR 2011/105: Fringe benefits tax: Pinpoint Pty Ltd employee benefit program: laptop computers
CR 2011/106: Income tax: DEXUS Property Group - Capital Reallocation
Product Rulings
PR 2011/20: Income tax: Cool Climate Apricot Project 2006 - 2006 Growers
PR 2011/21: Income tax: tax consequences of investing in Commonwealth Bank Vantage+ (Deferred Purchase Agreements)
PR 2011/22: Income tax: Cool Climate Apricot Project - 2008 Growers
PR 2011/23: Income tax: Cool Climate Apricot Project 2006 - Late Growers
PR 2011/24: Income tax: Cool Climate Apricot Project - 2007 Growers
Notice of Withdrawal
TR 2010/D9: Income tax: deductibility under subsection 295-465(1) of the Income Tax Assessment Act 1997 of premiums paid by a complying superannuation fund for an insurance policy providing Total and Permanent Disability cover in respect of its members
IT 2446: Income tax: foreign tax credit system: allowable deductions referrable to foreign income
Addenda
TR 2006/7: Income tax: special income derived by a complying superannuation fund, a complying approved deposit fund or a pooled superannuation trust in relation to the year of income
TR 1998/9: Income tax: deductibility of self-education expenses 7 December 2011
GSTR 2000/19: Goods and services tax: making adjustments under Division 19 for adjustment events 7 December 2011
GSTR 2000/1: Goods and services tax: adjustment notes 7 December 2011
GSTR 2001/2: Goods and Services Tax: foreign exchange conversions
FTD 2006/2: Fuel tax: what records are required to be kept by taxpayers to substantiate a claim for a fuel tax credit?
Errata
TR 2011/6: Income tax: business related capital expenditure - section 40-880 of the Income Tax Assessment Act 1997 core issues
CR 2011/1: Income tax: early retirement scheme - Queensland Government Department of Education and Training
Decision Impact Statements
DIS: Jooheon Park v Commissioner of Taxation
DIS: Kaley v Commissioner of Taxation
DIS: On Call Interpreters v Translators Agency Pty Ltd v Commissioner of Taxation
DIS: Lodewijk Helbers v Commissioner of Taxation
DIS: Reglon Pty Ltd v Commissioner of Taxation
Interpretative Decisions
ATO ID 2011/99: Small business entity: roll-over relief - disposal of assets of partnership to former partners
Tax cases
Mills v Commissioner of Taxation [2011] FCAFC 158 (8 December 2011): The majority of the Full Federal Court (Edmonds J dissenting) has held that s.177EA applied to prevent the taxpayer from being entitled to imputation benefits from a distribution received on PERLS V securities issued by the Commonwealth Bank in 2009. The case was run as a test case, and the ATO had previously negotiated a settlement deed with the Commonwealth Bank that protected the position of PERLS V investors.
Esso Australia Resources Pty Ltd v Commissioner of Taxation [2011] FCAFC 154 (6 December 2011): The Full Federal Court has dismissed the taxpayers' appeals and the Commissioner's cross-appeal in a case concerning the liability to petroleum resource rent tax (PRRT) of two companies acting as co-venturers in a series of offshore petroleum facilities located in the Bass Strait and onshore processing and storage operations in Gippsland.
Progress of legislation
As at 9.12.11|
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 |