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Weekly tax highlights

Greenwoods & Freehills Weekly Tax Highlights 10.2.12

ATO documents

Class Rulings
CR 2012/10: Income tax: bonus share plan: Australian Foundation Investment Company Limited  

Erratum
CR 2011/109: Income tax: CSR Limited - CSR Universal Share Ownership Plan - Sale of Sucrogen Ltd and Return of Capital

Withdrawn  Practice Statements
PS LA 2006/12: Thin Capitalisation - Australian equivalents to International Financial Reporting Standards ('AIFRS') - Transitional Provision to provide guidance on certain practical issues arising where a taxpayer chooses under section 820-45 of the Income Tax (Transitional Provisions) Act 1997 to use Australian accounting standards as they existed on 31 December 2004 to calculate their thin capitalisation position ? 


Withdrawn Interpretative Decisions
ATO ID 2008/129:  Excise: Fuel Tax Act and fuel standards

Appeals Update

RCI Pty Limited v Commissioner of Taxation [2011] FCAFC 104 (22 August 2011): The High Court has refused the Commissioner special leave to appeal against the decision of the Full Federal Court. The Full Federal Court decided that Part IVA did not apply to certain capital management transactions undertaken by RCI, a James Hardie related company.

Qantas Airways Limited v Commissioner of Taxation [2011] FCAFC 113 (1 September 2011): The Commissioner has been granted special leave to appeal to the High Court. The Full Federal Court unanimously upheld an appeal by Qantas against the AAT’s decision that there is a supply for GST purposes when a passenger cancels their booking or does not show for the flight and the fare is not refunded.

Progress of legislation

The Government's mining tax bills and related legislation has been introduced into the Senate. Debate on the bills has been adjourned.

As at 10.2.12

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 7.2.12 . .

Minerals Resource Rent Tax

Petroleum Resource Rent Tax Bill 2011 (and Related Bills)

EM

2.11.11
 

22.11.11 7.2.12 . .

Petroleum Resource Rent Tax

 Tax Laws Amendment (Stronger, Fairer, Simpler and Other Measures) Bill 2011

EM

2.11.11
 

22.11.11 7.2.12 . .

Small Business Deductions, Entrepreneurs Tax; Low income super

 Superannuation Guarantee (Administration) Amendment Bill 2011

EM

2.11.11
 

22.11.11. 7.2.12 . .

Superannuation Guarantee Rate

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

EM

23.11.11
 

. . . .

CGT Provisions,  GST,  DGR list and Technical Corrections