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Weekly tax highlights

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

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