Decision impact statement: Complete Success Solutions Case
The ATO has issued a decision impact statement (DIS) regarding the Full Federal Court’s decision in FCT v Complete Success Solutions Pty Ltd ATF Complete Success Solutions Trust  FCAFC 19 (covered in the Birchstone Brief for the week ended 3 March 2023).
In the DIS, the ATO states that the Commissioner considers the Full Court’s decision supports the proposition that the cancellation of a GST benefit under Division 165 is not prevented by the absence of knowledge or wilful blindness to the actions of parties involved in entering or carrying out the scheme as a whole or various parts of it.
The Commissioner is reviewing the impact of the decision on related advice and products, including PS LA 2005/24 (which deals with the application of general anti-avoidance rules).
ATO press release regarding overseas R&D rules
Following the Commissioner’s success in T.D.S. Biz Pty Ltd v FCT  FCA 710, the ATO has issued a press release reminding businesses to comply with the overseas R&D rules.
ATO to obtain data from motor vehicle registries
The ATO has given notice that it will acquire data from State and Territory motor vehicle registry authorities for the 2022-23 to 2024-25 income years.
This data will be matched with other ATO data to determine tax compliance risk profiles and identify relevant cases for administrative action.
Tax agent annual lodgment performance results
The ATO has announced that tax agents can now access their annual on-time lodgment performance results through the lodgment program status feature on online services for agents.
Class and product rulings issued
The ATO has issued the following:
- PR 2023/12 – Challenger Guaranteed Annuity (Short Term);
- PR 2023/13 – UBS Structured Option and Loan Facility;
- CR 2023/37 – Sovereign Metals Limited – Demerger of NGX Limited;
- CR 2023/38 – Qantas Airways Limited – 2022/23 Qantas Manager Incentive Plan; and
- CR 2023/39 – Habitat for Humanity Australia – Deductibility of donations under a payment direction deed.