Treasury Laws Amendment (Enterprise Tax Plan) Act 2017 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act is the
Treasury Laws Amendment (Enterprise Tax Plan) Act 2017 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 19 May 2017 |
Schedule 1, Part 1 | 1 July 2016. | 1 July 2016 |
Schedule 1, Part 2 | 1 July 2017. | 1 July 2017 |
Schedule 1, Part 3 | 1 July 2018. | 1 July 2018 |
Schedule 1, Part 10 | 1 July 2020. | 1 July 2020 |
Schedule 1, Part 11 | 1 July 2021. | 1 July 2021 |
Schedule 1, Part 12 | The day this Act receives the Royal Assent. | 19 May 2017 |
Schedule 2, Part 1 | 1 July 2016. | 1 July 2016 |
Schedule 2, Part 3 | 1 July 2020. | 1 July 2020 |
Schedule 2, Part 4 | 1 July 2021. | 1 July 2021 |
Schedule 2, Part 5 | The day this Act receives the Royal Assent. | 19 May 2017 |
Schedule 3, Part 1 | 1 July 2016. | 1 July 2016 |
Schedule 3, Part 2 | The day this Act receives the Royal Assent. | 19 May 2017 |
Schedule 4, Part 1 | 1 July 2016. | 1 July 2016 |
Schedule 4, Part 3 | The day this Act receives the Royal Assent. | 19 May 2017 |
Schedule 5, Part 1 | 1 July 2016. | 1 July 2016 |
Schedule 5, Part 2 | 1 July 2017. | 1 July 2017 |
Schedule 5, Part 5 | 1 July 2020. | 1 July 2020 |
Schedule 5, Part 6 | 1 July 2021. | 1 July 2021 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Omit “28.5%”, substitute “27.5%”.
Repeal the paragraph, substitute:
(b) in respect of the standard component:
(i) if the company is a small business entity for a year of income—27.5%; or
(ii) otherwise—30%.
Repeal the paragraph, substitute:
(c) in respect of so much of the taxable income as exceeds the PDF component:
(i) if the company is a small business entity for a year of income—27.5%; or
(ii) otherwise—30%.
Omit “$863”, substitute “$832”.
Omit “42.75%”, substitute “41.25%”.
Omit “28.5%”, substitute “27.5%”.
Insert:
base rate entity has the meaning given by section 23AA.
Omit “small business entity”, substitute “base rate entity”.
Omit “small business entity”, substitute “base rate entity”.
Omit “small business entity”, substitute “base rate entity”.
Omit “small business entity”, substitute “base rate entity”.
Omit “small business entity”, substitute “base rate entity”.
Insert:
An entity is a
base rate entity for a year of income if:
(a) it carries on a business (within the meaning of the
Income Tax Assessment Act 1997 ) in the year of income; and(b) its aggregated turnover (within the meaning of that Act) for the year of income, worked out as at the end of that year, is less than $25 million.
Omit “small business entity”, substitute “base rate entity”.
Omit “the rate specified in paragraph 23(2)(b) (about companies other than small business entities)”, substitute “the rate specified in paragraph 23(2)(b) of this Act”.
Omit “$25 million”, substitute “$50 million”.
Omit “27.5%”, substitute “26%”.
Omit “27.5%”, substitute “26%”.
Omit “27.5%”, substitute “26%”.
Omit “$832”, substitute “$788”.
Omit “41.25%”, substitute “39%”.
Omit “27.5%”, substitute “26%”.
Omit “26%”, substitute “25%”.
Omit “26%”, substitute “25%”.
Omit “26%”, substitute “25%”.
Omit “$788”, substitute “$762”.
Omit “39%”, substitute “37.5%”.
Omit “26%”, substitute “25%”.
(1) Subject to the following subitems, the amendments made by Part 1 of this Schedule apply to the 2016‑17 year of income and later years of income.
(2) Subject to the following subitems, the amendments made by Part 2 of this Schedule apply to the 2017‑18 year of income and later years of income.
(3) Subject to the following subitems, the amendments made by Part 3 of this Schedule apply to the 2018‑19 year of income and later years of income.
(10) Subject to the following subitem, the amendments made by Part 10 of this Schedule apply to the 2020‑21 year of income and later years of income.
(11) The amendments made by Part 11 of this Schedule apply to the 2021‑22 year of income and later years of income.
Omit “5%”, substitute “8%”.
Omit “8%”, substitute “13%”.
Omit “13%”, substitute “16%”.
(1) Subject to the following subitems, the amendments made by Part 1 of this Schedule apply to the 2016‑17 income year and later income years.
(3) Subject to the following subitem, the amendments made by Part 3 of this Schedule apply to the 2020‑21 income year and later income years.
(4) The amendments made by Part 4 of this Schedule apply to the 2021‑22 income year and later income years.
Omit:
(a) the entity must be a small business entity or a partner in a partnership that is a small business entity, or the net value of assets that the entity and related entities own must not exceed $6,000,000;
substitute:
(a) the entity must be a CGT small business entity or a partner in a partnership that is a CGT small business entity, or the net value of assets that the entity and related entities own must not exceed $6,000,000;
Omit “*small business entity”, substitute “*CGT small business entity”.
Omit “small business entity”, substitute “CGT small business entity”.
Repeal the note.
Insert:
CGT small business entity
(1AA) You are a
CGT small business entity for an income year if:
(a) you are a *small business entity for the income year; and
(b) you would be a small business entity for the income year if each reference in section 328‑110 to $10 million were a reference to $2 million.
Note: For the purposes of subsection (1A) or (1B), in determining whether an entity would be a small business entity, see also sections 152‑48 and 152‑78.
Omit “*small business entity”, substitute “*CGT small business entity”.
Omit “small business entity”, substitute “CGT small business entity”.
Repeal the note.
Omit “*small business entity”, substitute “*CGT small business entity”.
Repeal the note.
Omit “Note 2”, substitute “Note”.
Omit “*small business entity”, substitute “*CGT small business entity”.
Omit “small business entity”, substitute “CGT small business entity”.
Add:
Note 1: The CGT concessions mentioned in items 1, 2, 3 and 4 of the table apply only if you are a CGT small business entity (see section 152‑10).
Note 2: The small business income tax offset mentioned in item 6A of the table applies only if you are a small business entity as defined for the purposes of Subdivision 328‑F (see section 328‑357).
Omit “$2 million” (wherever occurring), substitute “$10 million”.
Repeal the heading, substitute:
Exception: aggregated turnover for 2 previous income years was $10 million or more
Omit “$2 million”, substitute “$10 million”.
Omit “$2 million”, substitute “$10 million”.
Repeal the section, substitute:
You may be entitled to a tax offset if you are an individual:
(a) who is a small business entity; or
(b) whose assessable income includes a share of the net small business income of an unincorporated small business entity; or
(c) whose assessable income includes an amount because you are a partner in a partnership, or a beneficiary in a trust, that is a small business entity.
In working out whether you are or another entity is a small business entity, a special $5 million turnover threshold applies (see section 328‑357).
Insert:
For the purposes of this Subdivision, in working out whether you are a *small business entity for an income year, assume that each reference in section 328‑110 to $10 million were a reference to $5 million.
Insert:
CGT small business entity has the meaning given by subsection 152‑10(1AA).
(1) Subject to the following subitems, the amendments made by Part 1 of this Schedule apply to the 2016‑17 income year and later income years.
(2) The following apply to CGT events happening on or after the start of the 2016‑17 income year:
(a) the amendments made by items 1 to 13 of this Schedule;
(b) any other amendments made by this Schedule, to the extent that they relate to the amendments mentioned in paragraph (a).
(3) The amendments made by items 15 to 18 of this Schedule, to the extent that they relate to the operation of the
Fringe Benefits Tax Assessment Act 1986 , apply to the FBT year starting on 1 April 2017 and to later FBT years.
Omit “the *standard corporate tax rate”, substitute “the entity’s *corporate tax rate for imputation purposes for that year”.
Repeal the formula, substitute:
Insert:
applicable gross‑up rate means the company’s *corporate tax gross‑up rate for the income year in which the franking debit arises.
4
Subsection 197‑60(3) (paragraph (a) of the definition of applicable tax rate ) Omit “the *standard corporate tax rate”, substitute “the company’s *corporate tax rate for imputation purposes for the income year in which the choice is made”.
Repeal the formula, substitute:
Add:
where:
applicable gross‑up rate means the company’s *corporate tax gross‑up rate for the income year in which the choice is made.
Repeal the formula, substitute:
Insert:
applicable gross‑up rate means the company’s *corporate tax gross‑up rate for the income year in which the franking debit arises .
Omit “the standard corporate tax rate”, substitute “the entity’s corporate tax rate for imputation purposes for the income year in which the distribution is made”.
Omit “the current standard corporate tax rate”, substitute “the entity’s corporate tax rate for imputation purposes for the income year in which the distribution is made”.
Repeal the formula, substitute:
Add:
where:
applicable gross‑up rate means the *corporate tax gross‑up rate of the entity making the distribution for the income year in which the distribution is made.
Repeal the formula, substitute:
Insert:
applicable gross‑up rate means the *corporate tax gross‑up rate of the entity making the distribution for the income year in which the distribution is made.
Repeal the formula, substitute:
Add:
where:
applicable gross‑up rate means the *corporate tax gross‑up rate of the entity making the distribution for the income year in which the distribution is made.
Repeal the formula, substitute:
Add:
where:
applicable gross‑up rate means the joining entity’s *corporate tax gross‑up rate for the income year that ends, or, if section 701‑30 applies, for the income year that is taken by subsection (3) of that section to end, at the joining time.
Repeal the formula, substitute:
Repeal the formula, substitute:
Add:
where:
applicable gross‑up rate means the *corporate tax gross‑up rate of the entity making the distribution for the income year in which the distribution is made.
Repeal the formula, substitute:
Add:
where:
applicable gross‑up rate means the *corporate tax gross‑up rate of the entity making the distribution for the income year in which the distribution is made.
Repeal the formula, substitute:
Add:
where:
applicable gross‑up rate means the *corporate tax gross‑up rate of the entity making the distribution for the income year in which the distribution is made.
26
Subsection 995‑1(1) (definition of corporate tax gross‑up rate ) Repeal the definition, substitute:
corporate tax gross‑up rate , of an entity for an income year, means the amount worked out using the following formula:
27
Subsection 995‑1(1) (definition of corporate tax rate ) Repeal the definition, substitute:
corporate tax rate :
(a) in relation to a company to which paragraph 23(2)(a) of the
Income Tax Rates Act 1986 applies—means the rate of tax in respect of the taxable income of a company covered by that paragraph; or(b) in relation to another entity—means the rate of tax in respect of the taxable income of a company covered by paragraph 23(2)(b) of that Act.
Insert:
corporate tax rate for imputation purposes , of an entity for an income year, means:
(a) unless paragraph (b) applies—the entity’s *corporate tax rate for the income year, worked out on the assumption that the entity’s *aggregated turnover for the income year is equal to its aggregated turnover for the previous income year; or
(b) if the entity did not exist in the previous income year—the rate of tax in respect of the taxable income of a company covered by paragraph 23(2)(a) of the
Income Tax Rates Act 1986 .
29
Subsection 995‑1(1) (definition of standard corporate tax rate ) Repeal the definition.
The amendments made by Part 1 of this Schedule apply to the 2016‑17 income year and later income years.
Omit “0.285”, substitute “0.275”.
Omit “28.5”, substitute “27.5”.
Omit “For the 2015‑16 income year, Company A (which is not a small business entity)”, substitute “For the 2017‑18 income year, Company A (which is not a base rate entity)”.
Omit “For the 2015‑16 income year, Company E (which is not a small business entity)”, substitute “For the 2017‑18 income year, Company E (which is not a base rate entity)”.
Omit “2002‑2003”, substitute “2017‑2018”.
Omit “*small business entity”, substitute “base rate entity (within the meaning of the
Income Tax Rates Act 1986 )”.
Omit “*small business entity”, substitute “base rate entity (within the meaning of the
Income Tax Rates Act 1986 )”.
Omit “A listed investment company (which is not a small business entity)”, substitute “A listed investment company (which is not a base rate entity)”.
Omit “0.275”, substitute “0.26”.
Omit “27.5”, substitute “26”.
Omit “0.26”, substitute “0.25”.
Omit “26”, substitute “25”.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Treasury Laws Amendment (Enterprise Tax Plan) Act 2017 | 41, 2017 | 19 May 2017 | Sch 1 (items 1–6), Sch 2 (item 1), Sch 3 (items 1–21), Sch 4 (items 1–29) and Sch 5 (items 1, 2): 1 July 2016 (s 2(1) items 2, 9, 14, 16, 18) Sch 1 (items 7–15) and Sch 5 (items 3–8): 1 July 2017 (s 2(1) items 3, 19) Sch 1 (item 16): 1 July 2018 (s 2(1) item 4) Sch 1 (items 33–38), Sch 2 (item 2) and Sch 5 (items 17, 18): 1 July 2024 (s 2(1) items 5, 10, 20) Sch 1 (items 39–44), Sch 2 (item 3) and Sch 5 (items 19, 20): 1 July 2020 (s 2(1) items 6, 11, 21) Sch 1 (items 45–50), Sch 2 (item 4) and Sch 5 (items 21, 22): 1 July 2021 (s 2(1) items 7, 12, 22) Remainder: 19 May 2017 (s 2(1) items 1, 8, 13, 15, 17) | |
Treasury Laws Amendment (Lower Taxes for Small and Medium Businesses) Act 2018 | 134, 2018 | 25 Oct 2018 | 1 Jan 2019 (s 2(1) item 1) | — |
s 2......................................... | am No 134, 2018 |
Part 9..................................... | rep No 134, 2018 |
item 33................................... | rep No 134, 2018 |
item 34................................... | rep No 134, 2018 |
item 35................................... | rep No 134, 2018 |
item 36................................... | rep No 134, 2018 |
item 37................................... | rep No 134, 2018 |
item 38................................... | rep No 134, 2018 |
Part 10................................... | rs No 134, 2018 |
item 39................................... | rs No 134, 2018 |
item 40................................... | rs No 134, 2018 |
item 41................................... | rs No 134, 2018 |
item 42................................... | rs No 134, 2018 |
item 43................................... | rs No 134, 2018 |
item 44................................... | rs No 134, 2018 |
Part 11 heading....................... | rs No 134, 2018 |
item 57................................... | am No 134, 2018 |
Part 2..................................... | rep No 134, 2018 |
item 2.................................... | rep No 134, 2018 |
Part 3..................................... | rs No 134, 2018 |
item 3.................................... | rs No 134, 2018 |
Part 4 heading......................... | rs No 134, 2018 |
item 5.................................... | am No 134, 2018 |
Part 4..................................... | rep No 134, 2018 |
item 17................................... | rep No 134, 2018 |
item 18................................... | rep No 134, 2018 |
Part 5..................................... | rs No 134, 2018 |
item 19................................... | rs No 134, 2018 |
item 20................................... | rs No 134, 2018 |
Part 6 heading......................... | rs No 134, 2018 |
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