Taxation Rulings - Addenda
TR 2016/1: Income tax: effective life of depreciating assets (applicable from 1 July 2016)
LCG 2016/3: Small Business Restructure Roll-over: genuine restructure of an ongoing business and related matters
Decision Impact Statements
WAD 367 of 2013: Commissioner of Taxation v. AP Energy Investments Ltd
Interpretative Decisions - Notices of Withdrawal
ATO ID 2002/578: Assessability of compensation for loss of earning capacity
ATO ID 2003/707: Assessability of an undissected lump sum workers compensation payment
ATO ID 2004/213: Assessable income: workers' compensation payments for loss of Army Reserve income
ATO ID 2004/944: Assessability of compensation payment received for pain, suffering and medical expenses as a result of personal wrong, injury or illness
The Government has released the following exposure draft legislation in relation to some of the superannuation measures announced in the 2016-17 Budget:
Superannuation (Objective) Bill 2016;
Treasury Laws Amendment (Fair and Sustainable Superannuation) Bill 2016; and
Treasury Laws Amendment (Fair and Sustainable Superannuation) Regulation 2016.
RSPG and Commissioner of Taxation (Taxation)  AATA 687 (7 September 2016): The AAT has rejected the taxpayer’s apportionment method where it calculated a 91% GST recovery rate for costs relating to the construction of a loan/lease retirement village. While the AAT agreed in principle with the proposed formula to be used by the taxpayer (taken from GST public ruling GSTR 2011/1), the AAT found the taxpayer’s application of the formula to its operations was not ‘fair and reasonable’ and produced distorted results. In particular, the AAT found that in applying the formula the taxpayer had understated the benefit of interest-free loans and rent (both input taxed) and had mischaracterised exit payments as relating to taxable supplies. The AAT also rejected the taxpayer’s argument that the retirement village qualified as ‘commercial residential premises’ for GST purposes.
Progress of legislation
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