Notice of Rulings 23 July 2025

NOTICE OF RULINGS

Ruling number

Subject

Brief description

GSTD 2025/1

Goods and services tax:  supplies of food of a kind marketed as a prepared meal

This Determination explains our view on the circumstances in which products are food of a kind ‘marketed as a prepared meal’.

This Determination applies both before and after its date of issue.

GSTR 2025/1

Goods and services tax:  supplies of things (other than goods or real property) made to non-residents but provided to another entity in Australia

This Ruling is about the operation of subsection 38-190(3) of the A New Tax System (Goods and Services Tax) Act 1999. That subsection negates, in certain circumstances, the GST-free status that would otherwise apply to a supply covered by table item 2 of subsection 38-190(1). Under that item, supplies of things (other than goods or real property) made to non-residents are GST-free if the requirements of that item are met.

This Ruling applies both before and after its date of issue, subject to the commencement and application of each Act to which it refers.

GSTR 2025/2

Goods and services tax:  supplies of things (other than goods or real property) where effective use or enjoyment of the supply takes place outside Australia

This Ruling examines the circumstances in which the effective use or enjoyment of a supply takes place outside Australia for the purposes of paragraph (b) of table item 3 of subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999.

This Ruling applies both before and after its date of issue, subject to the commencement and application of each Act to which it refers.

PR 2025/9

Utmost International Isle of Man Limited – Executive Investment Account

This Ruling sets out the income tax consequences for entities specified in the Ruling in connection with a life insurance policy (referred to as an Executive Investment Account) issued by Utmost International Isle of Man Limited and subject to the Executive Investment Account Policy Terms.

This Ruling applies to entities specified in the Ruling from 1 July 2025.

NOTICE OF ADDENDA

Ruling number

Subject

Brief description

CR 2025/16

The Trustee for Protect Severance Scheme No 2 – workers in receipt of severance payments

This Ruling is being amended to update the criteria for payments assessable as employment termination payments.

This Addendum applies from 1 January 2025 to 30 June 2030.

GSTII FL1 Detailed Food List

Detailed Food List

This Ruling is being amended to:

• align entries with Goods and Services Tax Determination GSTD 2025/1 Goods and services tax:  supplies of food of a kind marketed as a prepared meal
• add new food and beverage product lines
• merge similar entries
• delete duplicate entries, and
• combine similar entries.

This Addendum applies to tax periods both before and after its date of issue. As the Addendum applies both before and after its date of issue, both the pre-addendum wording of the Ruling and the revised wording in the Addendum will apply for overlapping periods of time. In these circumstances, entities can choose to rely on either version when applying the Ruling during that period.

TR 2004/18

Income tax: capital gains: application of CGT event K6 (about pre-CGT shares and pre-CGT trust interests) in section 104-230 of the Income Tax Assessment Act 1997

This Ruling is being amended to:

• reflect the view that only one capital gain may arise in circumstances where paragraphs 104-230(2)(a) and (b) of the Income Tax Assessment Act 1997 are both satisfied, and
• clarify which property is taken into account in calculating the capital gain under subsection 104-230(6) of that Act.

This Addendum applies both before and after its date of issue.