Birchstone Brief for the week ended 21 October 2022

News and Events

Birchstone’s Advisers Day

We are hosting a full-day conference on 11 November.  The day will be jam-packed with technical sessions curated for professionals in the SME space, featuring presentations from our specialist tax and estate planning lawyers and our special guests the Hon Rene Le Miere KC and Grahame Young.

In-person (Perth) and online tickets to the conference are now available. 

Early bird pricing ends this Friday, 28 October.


ATO Updates

ATO reminds directors applications for a Director ID are due on 30 November 2022

The ATO is reminding all directors of Australian companies that they must apply for a director identification number by 30 November 2022.

Guidance relating to superannuation guarantee updated and withdrawn

The ATO has:

  • updated SGR 2009/2 to take account of various changes, including the removal of the $450 monthly minimum threshold for salary or wages to count towards the superannuation guarantee; and
  • withdrawn SGD 2003/5 with effect from 20 October 2022 as it is no longer current.

Determination setting out value of goods for private use issued

TD 2022/15 sets out updated values for the 2022-23 income year that the ATO will accept as the estimated value of goods taken from trading stock for private use by taxpayers for a variety of industries.

Class rulings and addendum issued

The ATO issued the following:

  • CR 2022/91 – Sandon Capital Activist Fund — Reclassification of units using “series of units” methodology;
  • CR 2022/92 – Avant Mutual Group Ltd — Retirement reward dividend;
  • CR 2022/93 – Afterpay Ltd — Employee share scheme — Acquisition by Block, Inc. under scheme of arrangement; and
  • CR 2021/53A1 — Addendum to CR 2021/53 — ICSGlobal Ltd — Return of share capital and special dividend.


State Taxes

Land Tax (NSW): Land tax thresholds for the 2023 land tax year

The land tax thresholds for the 2023 NSW land tax year have been gazetted. Relevantly, the tax-free threshold will be $969,000 and the premium value threshold $5,925,000. The updates reflect an average increase in NSW property values between 1 July 2021 and 2022 of 25.61%.




The taxpayer has appealed to the Full Federal Court against the decision in BBlood Enterprises Pty Ltd v FCT [2022] FCA 1112 (first discussed in the Birchstone Brief for the week ended 23 September 2022). 


Aged care nurses’ grant to be excluded from super guarantee calculations

The Superannuation Guarantee (Administration) Amendment (Aged Care Registered Nurses’ Payment) Regulations 2022 will ensure that payments made to an employee by an employer using money received under the Government’s Aged Care Registered Nurses’ Payment grant program on or after 1 November 2022 will be excluded from the calculation of superannuation guarantee. 

Continuation of alternative method to calculate Defence Force invalidity benefits 

A Deputy Commissioner of Taxation has issued a legislative instrument that continues the alternative method for calculating the tax-free and taxable components of certain invalidity pensions that are superannuation lump sum benefits as a result of FCT v Douglas [2020] FCAFC 220 for the 2022-2023 income year. 

NSW First Home Buyer Choice Bill passes Legislative Assembly 

The Property Tax (First Home Buyer Choice) Bill 2022 (NSW) (covered in the Birchstone Brief for the week ended 14 October 2022) has been passed by the NSW Legislative Assembly. The Bill has been referred to the Legislative Council’s Portfolio Committee 1 – Premier and Finance for inquiry. The Committee’s report is due by 4 November 2022. 

Bill on caravan park exemption from WA land tax passes Legislative Assembly

The Land Tax Assessment Amendment Bill 2022 (WA) (covered in the Birchstone Brief for the week ended 23 September 2022) has been passed by the WA Legislative Assembly. The Bill is currently progressing through the Legislative Council. 



Birchstone Brief

Curated for the needs of SME tax professionals. The Birchstone Brief is delivered to your inbox every week. It contains all the tax developments you need to know from the previous week, with insights from the team at Birchstone Tax Law.

Subscribe to our mailing list, you will receive the Birchstone Brief and updates to our webinars and resources.