Key News Summary:  The Senate passed the Treasury Laws Amendment (2018 Measures No 4) Bill 2018, on Wed 5.12.2018, with amendments moved by the Government. The amendments were to add further DGRs and extend the time in which deductions can be made to another DGR.


 

The Bill must now return, to the House of Representatives, to be passed (with the amendments). This ought to happen, though we currently have a minority government.

The amendments are as follows.

  • A new Schedule 10, to the Bill, has been inserted, that would amend the ITAA97 to update the list of specifically listed Deductible Gift Recipients (DGRs) to include:
    • Australian Sports Foundation Charitable Fund;
    • Australian Women Donors Network;
    • Paul Ramsay Foundation Limited;
    • The Q Foundation Trust;
    • Smile Like Drake Foundation Limited; and
    • Victorian Pride Centre Ltd.
  • Schedule 9 was amended, so that it would extend the date, by which donations would have to be made, to the Sydney Chevra Kadisha (listed as a DGR by Schedule 9). This was a 1 year extension from 31 December 2019 until 31 December 2020.

The Bill will amend:

  • taxation legislation to:
    • enable the Commissioner of Taxation to issue directions to employers, to pay unpaid superannuation guarantee and undertake superannuation guarantee education courses, and to disclose more information about superannuation guarantee non-compliance to affected employees;
    • extend Single Touch Payroll reporting to all employers;
    • require more regular reporting by superannuation funds;
    • strengthen the commissioner’s ability to collect superannuation guarantee charge and pay as you go withholding liabilities;
    • enable the pre-filling of an individual’s tax file number declaration and superannuation standard choice force form by the Commissioner to the individual’s employer; and
    • enable the sharing and verification of tax file numbers between the commissioner and Commonwealth agencies;
  • the Superannuation Legislation Amendment (MySuper Core Provisions) Act 2012: to clarify the commencement of certain provisions;
  • the Tax Laws Amendment (Implementation of the Common Reporting Standard) Act 2016: to ensure that financial institutions report information about financial accounts held by foreign tax residents as intended;
  • the Fuel Tax Act 2006, Income Tax Assessment Act 1997 and Taxation Administration Act 1953 to make amendments consequential on regulations;
  • five Acts to rewrite provisions in relation to offshore information notices from the Income Tax Assessment Act 1936 to the Taxation Administration Act 1953 and apply those provisions to all tax-related liabilities;
  • 10 Acts to make miscellaneous amendments;
  • Superannuation (Resolution of Complaints) Act 1993 to enable the disclosure of certain information acquired in connection with a complaint, made to the Superannuation Complaints Tribunal; and
  • Income Tax Assessment Act 1997 to update the list of deductible gift recipients.

[APH website: Bill Tracker, Schedule of Amendments, Supplementary EM (explaining amendments); LTN 235, 5/12/18; Tax Month – December 2018]

FJM 8.1.19

CPD (comprehension questions)

  1. Has the Senate passed this Bill into law?
  2. How may new DGRs have been added in the new Schedule 10?
  3. How much extra time, would the amendments give donors, to make tax deductible gifts, to the DGR listed, in Schedule 9?

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