GSTD 2019/D1 – GST and land development expenses in the ACT – what is part of the consideration for the grant of the Crown lease and what is not

On Friday 13.12.19, the Commissioner issued draft GST Determination GSTD 2019/D1, addressing the GST consequences of arrangements, between government agencies, and private developers, in the context of land development in the ACT. See below for a summary of the draft determination. [Tax Month – December 2019]    

PCG 2018/9 – update to ATO’s guidance for foreign-incorporated companies seeking to be no-resident: compliance deadline for transitioning CM&C out of Australia has been extended from 2019 to 30.6.21

On 12 December 2019, the ATO released an updated version of Practical Compliance Guideline PCG 2018/9, its guidance to foreign-incorporated companies on applying the ‘central management and control’ (CM&C) test in Ruling TR 2018/5. See below for a summary of the PCG. [Tax Month – December 2019]

TD 2019/14 – Does ‘trust splitting’ work (viz: trigger CGT-event E1)? – Yes and No – it depends on the facts

On Fri 13.12.2019, the Commissioner released Taxation Determination TD 2019/14 which addresses the question: Will a trust split arrangement of the type described in this Determination cause a new trust to be settled over some but not all assets of the original trust with the result that CGT event E1 in s 104-55(1) of the Income Tax…

TR 2019/D7 – new draft ruling on deductions for employees’ transport expenses – overlapping TR 2018/D6 for FBT purposes (Comments due 28 Feb 2020)

On Fri 13.12.19, the ATO released Draft Rluning: TR 2019/D7, which  sets out when an employee can deduct transport expenses under s 8-1 of the Income Tax Assessment Act 1997 (ITAA97).  This includes the cost of travel by airline, train, taxi, car, bus, boat or other vehicle. See below for a summary of this draft ruling.…

LCR 2019/5 – 27.5% corporate tax rate only for ‘base rate entities’ depending on ‘base rate passive income’ (s23AA & s23AB of Rates Act)

On Fri 13.12.19, the Commissioner released Law Companion Ruling LCR 2019/5, which addresses the operation of the Treasury Laws Amendment (Enterprise Tax Plan Base Rate Entities) Act 2018, which in turn, amended the Rates Act, to change access to the lower 27.5% corporate tax rate. See below for a summary of this Ruling. [Tax Month…

PS LA 2019/D2 – Draft Practice Statement on ATO staff applying ‘general anti-abuse rules’ (purpose tests) in Australia’s DTAs and the MLI

On Mon 16.12.2019, the Commissioner released Draft Practice Statement Law Administration PS LA 2019/D2 – Administering general anti-abuse rules, such as a principal or main purposes test, included in any of Australia’s tax treaties and in the Multi-Lateral Instrument (MLI). See below for a summary of this draft PSLA and the consultation process. [Tax Month –…

Customs Tariff Amendment (Peru-Australia Free Trade Agreement Implementation) Regulations 2019 – rules for granting preferential tariff rates for goods imported from Peru under FTA

The Customs Tariff Amendment (Peru-Australia Free Trade Agreement Implementation) Regulations 2019 were registered on 13 December 2019. They amend the Customs Tariff Regulations 2004 to prescribe goods, as required in new Sch 6A to the Customs Tariff Act 1995, inserted by Sch 1 to the Customs Tariff Amendment (Growing Australian Export Opportunities Across the Asia-Pacific) Act 2019. See related TT…