Excluded Classes of Transactions and Entities for Third Party Reports on Shares and Units Determination 2018

Administered by Department of the Treasury

Legislation au F2018L00473 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

EXCLUDED CLASSES OF TRANSACTIONS AND ENTITIES FOR THIRD PARTY REPORTS ON SHARES AND UNITS

DETERMINATION 2018

 

General Outline of Instrument

  1. This instrument is made under subsection 396-70(4) of Schedule 1 to the Taxation Administration Act 1953 (TAA 1953).
  2. This instrument identifies classes of entities that:

a)      are not required to report classes of transactions under items 6, 7 or 8 of the table in section 396-55 of Schedule 1 to the TAA 1953;

b)      are not required to prepare and give reports under items 7 and 8 of the table in section 396-55 of Schedule 1 to the TAA 1953.

3.      Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

4.      The instrument is a legislative instrument for the purposes of the Legislation Act 2003.

Date of effect

5.      The instrument commences on 1 July 2017.

6.      This instrument is to commence retrospectively.  It extends the exemption to certain entities from reporting information about employee share schemes to the Commissioner of Taxation where an entity is required to do so under Division 392 of Schedule 1 to the TAA 1953. Consequently, it is not affected by subsection 12(2) of the Legislation Act 2003.

7.      The previous instrument (see paragraph 8 below) gave fewer exemptions.  In recognition of the different structures of employee share schemes, this instrument extends the exemption to listed entities and trustees of unit trusts. It is beneficial for reporters to access this exemption as it reduces their compliance costs.

 

Repeal of previous instrument

8.      This instrument repeals and replaces Instrument F2016L00660 Excluded Classes of Transactions and Entities for Third Party Reports on Shares and Units Determination 2016 registered on 5 May 2016.

What is this instrument about

9.      The purpose of this instrument is to exempt classes of transactions from being reported to the Commissioner, and to exempt certain entities from having to prepare and lodge reports, in relation to items 6, 7 or 8 in the table included in section 396-55 of Schedule 1 to the TAA 1953.

 

What is the effect of this instrument

10.  The list of excluded transactions and entities provides certainty and a potential reduction in compliance cost for entities that may be impacted by the third party reporting legislation. 

11.  This list has been expanded so that certain entities are not required to report information about employee share schemes to the Commissioner (for more detail see paragraphs 6, 7 and 23).

12.  Reporting entities that have excluded transactions can omit that information from their reporting obligations.

13.  Exempted entities are not required to prepare and lodge a report to the Australian Taxation Office (ATO).

14.  This instrument does not prevent the reporting of information where not reporting it would impose an increased administrative burden on the reporting entity.

15.  Compliance Cost Impact: Minor – There will be no or minimal impacts for both implementation and ongoing compliance costs. The legislative instrument is minor or machinery in nature. 

 

Background

16.  This instrument was developed to ensure that the third party reporting regime operates efficiently and the compliance burden on reporters is minimised.

17.  Section 396-70(4) of Schedule 1 to the TAA 1953 allows the Commissioner, by legislative instrument, to exempt classes of entities from reporting and allows the Commissioner to exempt certain classes of transactions from being reported.

18.  Under items 6, 7 and 8 in the table at section 396-55 of Schedule 1 to the TAA 1953, entities are required to report to the Commissioner information about transfers of shares or units in a unit trust.

19.  The information that is required to be reported is in relation to the change to the type, name and number of the shares or units held by an entity.

20.  To reduce the administrative and compliance burden on reporters the Commissioner does not require information to be reported on shares listed on Australian financial markets that are not required to deliver data to the Australian Securities and Investment Commission (ASIC) under the market integrity rules. The bulk of the share transaction information required by the Commissioner will be captured through the existing ASIC market integrity system. The exemption to report is provided for those financial markets not captured under this system because it is considered unnecessarily burdensome to require transaction reporting from brokers and listed entities for shares listed on markets not monitored by the market integrity rules.

21.  To reduce the administrative and compliance burden on small unit trusts and trustees of other trusts the instrument exempts certain trustees from having to prepare and lodge reports to the ATO.

22.  In recognising that the benefit of very small entities providing third party data reports is frequently outweighed by the cost, the instrument provides exemptions for small unit trusts with fewer than 10 investors and less than $5 million in assets. This is consistent with the Annual Investment Income Report (AIIR) which provides an income based exemption for unit trusts that during the financial year did not:

a)      accept 10 or more investments; and

b)      make payments of $1 or more to at least one investor; or

c)      deduct withholding tax from investment income; or

d)      provide farm management deposits.

23.  There is also an exemption for:

a)      trustees, other than trustees of a unit trust, if they are not required to hold an Australian Financial Services Licence and hold total assets of less than $5 million in all trusts of which they are the trustee; and

b)      entities to which this instrument applies under table items 6, 7 or 8 in section 396-55 of Schedule 1 to the TAA 1953 in relation to a transaction where an entity is required to provide information to the Commissioner in relation to the transaction pursuant to Division 392 of Schedule 1 to the TAA 1953 (which is about employee share schemes).

Consultation:

24.  Between 29 November 2017 and 15 December 2017, the ATO consulted key stakeholders on the content to be included in the Legislative Instrument. No comments were received. 

 

 

Legislative references:

 

Taxation Administration Act 1953

Human Rights (Parliamentary Scrutiny) Act 2011

Legislation Act 2003

Acts Interpretation Act 1901

Corporations Act 2001

 

 

Statement of Compatibility with Human Rights 

This Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

EXCLUDED CLASSES OF TRANSACTIONS AND ENTITIES FOR THIRD PARTY REPORTS ON SHARES AND UNITS

DETERMINATION 2018

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

This Legislative instrument excludes classes of transactions and entities from third party reports on shares and units. Excluding entities and transactions will ensure certainty and reduced compliance costs for entities that may be impacted by the third party reporting legislation.

 

Human rights implications

The legislative Instrument does not engage any of the applicable rights or freedoms.  It excludes classes of transactions and entities for third party report on shares and units to ensure that the third party reporting regime operates efficiently and the compliance burden on reporters is minimised.  

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

Overview

The Excluded Classes of Transactions and Entities for Third Party Reports on Shares and Units Determination 2018 was enacted to address the administrative burden on entities involved in the third-party reporting of shares and units. The instrument, made under subsection 396-70(4) of the Taxation Administration Act 1953, aims to streamline compliance by exempting specific classes of entities and transactions from reporting requirements. This is achieved by identifying entities that are not required to report certain transactions and preparing associated reports, thus reducing compliance costs while ensuring that the third party reporting regime operates efficiently. The instrument was developed following consultation with stakeholders and replaces a previous instrument, F2016L00660, to extend exemptions to listed entities and trustees of unit trusts, thereby providing greater flexibility and reducing administrative burdens on smaller entities.

Scope and Application

The Excluded Classes of Transactions and Entities for Third Party Reports on Shares and Units Determination 2018 (F2018L00473) is a legislative instrument made under subsection 396-70(4) of Schedule 1 to the Taxation Administration Act 1953 (TAA 1953). The instrument aims to exempt certain entities and classes of transactions from the third party reporting requirements concerning shares and units. Specifically, it identifies classes of entities that are not required to report transactions listed in items 6, 7, or 8 of the table in section 396-55 of Schedule 1 to the TAA 1953, and classes of entities that are exempt from preparing and lodging reports under items 7 and 8 of the same section. This includes exemptions for listed entities, trustees of unit trusts, and certain trustees of other trusts, particularly those with fewer than 10 investors and assets under $5 million. The instrument, which commenced retrospectively on 1 July 2017, replaces the Excluded Classes of Transactions and Entities for Third Party Reports on Shares and Units Determination 2016. Its purpose is to provide certainty and reduce compliance costs for entities affected by the third party reporting legislation. However, it does not prevent the reporting of information if non-reporting would increase the administrative burden on the reporting entity. The instrument is compatible with human rights as it does not raise any human rights issues, according to the Statement of Compatibility with Human Rights under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Excluded Classes of Transactions and Entities for Third Party Reports on Shares and Units Determination 2018 (the Determination) primarily identifies classes of entities that are exempt from certain reporting obligations under the Taxation Administration Act 1953 (TAA 1953). Specifically, it exempts certain entities from reporting transactions under items 6, 7, or 8 of the table in section 396-55 of Schedule 1 to the TAA 1953 (subsection 396-70(4)). These items pertain to the reporting of transfers of shares or units in a unit trust. Furthermore, the Determination exempts certain entities from preparing and lodging reports under items 7 and 8 of the same table (subsection 33(3) of the Acts Interpretation Act 1901). The Determination came into effect on 1 July 2017, and it applies retrospectively. The Determination imposes certain obligations on the entities it governs. It mandates that entities exempt from reporting under the Determination should not report on the specified transactions. Additionally, entities that fall within the exempted classes are not required to prepare and lodge reports with the Australian Taxation Office (ATO) regarding the transactions identified in items 6, 7, and 8 of section 396-55 of Schedule 1 to the TAA 1953. However, the Determination does not prevent the reporting of information if omitting such information would impose an increased administrative burden on the reporting entity. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Determination for breach of its provisions. However, the Determination is a legislative instrument under the Legislation Act 2003, and any failure to comply with its requirements could potentially lead to legal consequences under the TAA 1953 or other applicable legislation. The Determination aims to provide certainty and reduce the compliance burden for entities affected by the third party reporting regime, making it easier for them to manage their obligations without unnecessary administrative strain.

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Taxation Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.