ATO Guidance: Notional GST Dispute Resolution
The ATO has released Guidance concerning the notional GST dispute resolution process for government entities. A separate dispute resolution process for notional GST disputes is necessary as legal objection and review rights are not available under the Taxation Administration Act 1953 (Cth) in respect of notional GST matters.
Relevantly, the Guidance provides:
- an overview of the process for a State or Territory government entity to dispute the Commissioner’s position on a notional GST matter; and
- a summary of relevant legal issues and principles that have arisen in notional GST external reviews.
The ATO has issued the following rulings:
- CR 2022/37 – Commonwealth Bank of Australia – CommBank PERLS XIV Capital Notes;
- CR 2022/38 – Australian Pharmaceutical Industries Ltd – Scheme of arrangement, ordinary dividend and special dividend; and
- PR 2021/1A1 – Addendum to PR 2021/1 – Income tax: Challenger Guaranteed Annuity (Short Term).