Providing certainty on unlegislated tax and superannuation measures announced by the previous Government
The Government announced that it will not proceed with the following ones of the previous Government’s ‘Announced But Un-enacted [tax and superannuation] Measures’ (ABUMs):
- The MYEFO 2013–14 measure that proposed to amend the debt/equity tax rules.
- The Federal Budget 2016–17 measure that proposed changes to the taxation of financial arrangements (TOFA) rules from 1 January 2018 (a delayed start date was announced in the Federal Budget 2018–19).
- The Federal Budget 2016–17 measure that proposed changes to the taxation of asset backed financing arrangements.
- The Federal Budget 2016–17 measure that proposed to introduce a new tax and regulatory framework for limited partnership collective investment vehicles.
- The Federal Budget 2018–19 measure that proposed to change the annual audit requirement for certain self-managed superannuation funds (SMSFs) to a three yearly requirement.
- The Federal Budget 2018–19 measure that proposed to introduce a limit of $10,000 for cash payments made to businesses for goods and services. In the MYEFO 2018–19, the commencement date of this proposed measure was delayed until 1 January 2020.
- The Federal Budget 2018–19 measure that proposed to introduce a requirement for retirement income product providers to report standardised metrics in product disclosure statements.
- The MYEFO 2021–22 measure that proposed to establish a new deductible gift recipient category for providers of pastoral care and analogous well-being services in Australian schools.
The Government announced that it will defer the start dates for the following tax and superannuation measures to allow sufficient time for policies to be legislated and implemented:
- The MYEFO 2019–20 measure proposed to introduce a sharing economy reporting regime for:- transactions relating to the supply of ride sourcing and short-term accommodation
- this measure was proposed to commence from 1 July 2022 however this will be deferred until 1 July 2023; and
- all other reportable transactions, including but not limited to asset sharing, food delivery and tasking-based services – this measure was proposed to commence from 1 July 2023 however it is now proposed to commence on 1 July 2024.
- The Federal Budget 2021–22 measure that proposed to relax the residency requirements for SMSFs or and small APRA-regulated funds that may become non-residents for tax purposes due to the trustee or active members being unable to return to Australia as a result of circumstances beyond their control — the commencement date has been deferred from 1 July 2022 to the income year commencing on or after the date of Royal Assent of the enabling legislation.
- The Federal Budget 2021–22 measure that proposed to make technical amendments to the TOFA hedging rules — the start date has been delayed from 1 July 2022 to the income year commencing on or after the date of Royal Assent of the enabling legislation. Further information on these unenacted measures can be found in our Incoming Government Brief: June 2022 or our State of Tax Policy Report: May 2022.
Further information on these unenacted measures can be found in our Incoming Government Brief: June 2022 or our State of Tax Policy Report: May 2022.
Philanthropy – updates to specifically listed deductible gift recipient
The Government will amend the tax law to specifically list Australians for Indigenous Constitutional Recognition as a deductible gift recipient (DGR) for donations made from 1 July 2022 to 30 June 2025. The Government will also extend the listing of Australian Women Donors Network as a DGR for 5 years, for gifts made from 9 March 2023 to 8 March 2028. Taxpayers may claim an income tax deduction for donations of $2 or more to DGRs.
[The Tax Institute’s Budget Update 2022/23]
[Tax Month – October 2022 – Previous Month, 6.11.22]