Decision Impact Statement – Bains case
The ATO has issued a Decision Impact Statement (DIS) regarding the AAT’s decision in Bains v FCT [2023] AATA 2477. In that case, the AAT held that payments from a “Fairness Fund” established by the Victorian government in connection with changes to regulation of the taxi industry were one-off discretionary payments and not income according to ordinary concepts.
In the DIS, the Commissioner accepts the AAT’s decision that payments from the Fund were not income according to ordinary concepts and undertakes to administer the law in accordance with this decision. However, the DIS notes that the AAT did not consider the treatment of payments from the Victorian Taxi Reform Hardship Fund or Victorian Transition Assistance payments, or other payments made as a result of taxi industry reforms in other States. The Commissioner therefore considers that the decision in Bains does not impact the ATO’s position on other types of financial assistance payments made to Victorian tax licence holders.
The ATO is also reviewing the impact of the decision on related advice and guidance products, including a related fact sheet and TR 2006/3.
PS LA 2013/2 updated
The ATO has updated PS LA 2013/2 to reflect current processes. The Practice Statement is a guide on the role and function of the ATO’s Economist Practice, the nature of the advice it provides, and the process ATO officers should follow in obtaining advice from it.
PCG 2018/9 updated
The ATO has updated PCG 2018/9 to include a risk assessment framework and provide further guidance on its ongoing compliance approach for public groups including foreign-incorporated companies. The updates were initially released in draft in PCG 2018/9DC1 (covered in the Birchstone Brief for the week ended 30 June 2023).
ATO to collect and match officeholder data
The ATO will collect and match officeholder data for 2023/24 through to 2024/25 from ASIC, the Office of the Registrar of Indigenous Corporations and the Australian Charities and Not-for-profits Commission (ACNC).
Some of the objectives of the data-matching program are to identify, deter and disrupt those promoting or engaging in illegal phoenix activity, and to better utilise registry data to combat unlawful activity.
Draft guidance on the tax implications of the CCIV regime
LCR 2023/D1 sets out draft guidance from the ATO regarding the tax treatment of corporate collective investment vehicles (CCIVs). The draft ruling also explains the deeming principle and its effect on the tax treatment of a CCIV, a CCIV sub-fund trust and investors. The ruling is intended to operate retrospectively from 1 July 2022. Comments on the ruling are invited until 15 December 2023.
Draft legislative instrument regarding PAYG instalments
The ATO has issued a draft legislative instrument concerning an alternative method for working out pay as you go (PAYG) instalments for monthly payers. The instrument provides eligible entities required to make PAYG instalments on a monthly basis with a simpler alternative method for working out the amount of their monthly instalment.
Class rulings issued
The ATO has issued:
- CR 2023/58 – Vanguard retail funds — Exchange of units for units in Vanguard wholesale funds; and
- CR 2023/59 – Park AI Pty Ltd — ParkLog report for calculating car parking benefits.
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