The ATO on Wed 5.6.2013, released the following Class Rulings: CR 2013/33: Treatment of transfer payments to employees of Eraring Energy following the sale of business to a private sector entity. It applies from Wed 5.6.2013 to 30 June 2014. Broadly, the Ruling states that the proposed transfer payment is in consequence of the termination of employment.…
The ATO on Thur 20.6.2013, released Practice Statement Law Administration PS LA 2013/2 which outlines the role and function of the ATO’s Economist Practice, when accredited economic advice should be obtained, and the process of obtaining both accredited and external economic advice for ATO personnel. Broadly, the Practice Statement indicates that economists in the ATO…
The ATO on Wed 19.6.2013, released Class Ruling CR 2013/47 (Scrip-for-scrip: exchange of shares in Xstrata plc for shares in Glencore International plc). It applies from 1 July 2012 to 30 June 2013. Broadly, the Ruling states that Xstrata shareholders who made capital gains on their shares being cancelled or transferred are eligible to choose scrip-for-scrip rollover under Subdiv…
This Draft Determination, released Wed 5.6.2013, states broadly the Commissioner’s view that a dividend access share arrangement of the type described in the Determination is a scheme “by way of dividend stripping” or “in the nature of dividend stripping” within the meaning of s 177E of Pt IVA of the ITAA 1936. As a consequence, it…
This Ruling, released on Wed 26.6.2013, applies from 1 July 2013, and explains the methodology used by the Commissioner in making determinations of the effective life of depreciating assets under s 40-100 of the ITAA 1997. The Ruling replaces Taxation Ruling TR 2012/2, which is withdrawn on and from 1 July 2013. To the extent that the Commissioner’s views in…
The ATO on Wed 12.6.2013, issued the following Class Rulings: CR 2013/40: Early retirement scheme for Barwon Region Water Corporation. It applies from Wed 12.6.2013 to 1 October 2014. Broadly, the Ruling states that the early retirement scheme to be implemented by Barwon Water is an early retirement scheme for the purposes of s 83-180 of the ITAA…
The ATO on Wed 12.6.2013, released an Interim Decision Impact Statement on the decision in AAT Case [2013] AATA 351, Re ZZGN and FCT. In that case, the AAT confirmed that the term “exploration” in the PRRTA Act should be read according to its ordinary everyday meaning. As a result, it affirmed that part of…
The ATO on Wed 26.6.2013, released Taxation Determination TD 2013/15 which states that the car limit for the 2013-14 financial year is $57,466. The car limit is used to work out decline in value deductions of certain cars under the income tax law. [LTN 121, 26/6/13]
The ATO on Mon 24.6.2013, issued Decision Impact Statements on the following judgments: Hua Wang Bank Berhad v FCT [2013] FCAFC 28 – This Decision Impact Statement outlines the ATO’s response in this case in which the Full Federal Court refused a taxpayer’s appeal from an earlier decision refusing to grant relief from a notice…
The ATO Wed 5.6.2013, released a Decision Impact Statement on the Federal Court’s decision in Denlay v FCT [2013] FCA 307. In that case, the Federal Court granted the application of husband and wife taxpayers to quash the Commissioner’s decision to issue garnishee notices to their superannuation fund. It did so on the grounds that…