ATO documents

Class Rulings
CR 2016/58: Fringe benefits tax: corporate clients of Smartgroup Corporation Ltd and its subsidiaries (Smartgroup) who participate in Smartgroup's bus travel benefit scheme

Draft Taxation Determinations
TD 2016/D1: Income tax: is a redemption payment received by a worker under the Return to Work Act 2014 (SA) assessable income of the worker?
TD 2016/D2: Income tax: can a foreign resident elect to treat their interest in a limited partnership as an interest in a foreign hybrid limited partnership under paragraph 830-10(2)(b) of the Income Tax Assessment Act 1997?

Goods and Services Tax Rulings - Addenda
GSTR 2000/31: Goods and services tax: supplies connected with Australia 10 August 2016

Taxpayer Alerts
TA 2016/7: Arrangements involving offshore permanent establishments
TA 2016/8: GST implications of arrangements entered into in response to the Multinational Anti-Avoidance Law (MAAL)
TA 2016/9: Thin capitalisation - Incorrect calculation of the value of 'debt capital' treated wholly or partly as equity for accounting purposes

On 10 August 2016 the ATO released taxpayer alerts warning multinationals of three types of arrangements they are reviewing.

TA 2016/7 deals with arrangements where Australian consolidated groups derive income through offshore permanent establishments that have entered into intra-group transactions that, arguably, could effectively result in double non-taxation. Refer to our Riposte for more details.

TA 2016/8 covers structures which the ATO implies have been implemented in response to the MAAL which are designed to reduce GST payable.

TA 2016/9 deals with the calculation of “debt capital” for thin capitalisation purposes where debt interests are treated as equity for accounting purposes.

Withdrawn Interpretative Decisions
ATO ID 2010/39: Dividends paid on redeemable preference shares treated as a 'cost' for the purposes of subparagraph 820-890(1)(b)(ii) of the Income Tax Assessment Act 1997
ATO ID 2002/951: Loss on sale of shares - acquired with a profit making intention on or after 20 September 1985

Decision Impact Statements
DIS: Rigoli v. Commissioner of Taxation

Other News

ATO releases draft practical compliance guide on offshore marketing hubs for comment

On 10 August 2016 the ATO released for comment a discussion paper on the ATO compliance approach to transfer pricing issues related to offshore marketing hubs. The ATO has proposed a draft risk assessment framework with five risk zones, ranging from low risk to very high risk.

The guide will have effect from its date of issue for existing and newly created hubs. Comments are due by 30 September 2016..

Progress of legislation

Parliament will resume on Tuesday, 30 August 2016.

As at 12.08.16


Intro House

Passed House

Intro Senate

Passed Senate

Date of Royal assent / Act Number


Tax and Superannuation Laws Amendment (2016 Measures No 2) Bill 2016 - LAPSED


Remedial power for the Commissioner; Income tax averaging rules for farmers; luxury car tax; minor amendments correcting technical or drafting defects

Superannuation Legislation Amendment (Choice of Fund) Bill 2016 - LAPSED


Extend superannuation choice of fund to employees covered by enterprise agreements and workplace determinations made from 1 July 2016.

Superannuation Legislation Amendment (Transparency Measures) Bill 2016 - LAPSED


Sets out disclosure rules for superannuation portfolio holdings and choice product dashboards

Superannuation Legislation Amendment (Trustee Governance) 2015 - LAPSED




Amends the Superannuation Industry (Supervision) Act 1993 to change the governance requirements for superannuation funds.

Tax and Superannuation Laws Amendment (2015 Measures No. 3) Bill 2015 - LAPSED




Amongst other things, reduces the tax offsets under the research and development tax incentive.