Notice of Rulings 24 September 2025
The Commissioner of Taxation, Rob Heferen, gives notice by notifiable instrument under subsection 358-5(4) of Schedule 1 to the Taxation Administration Act 1953 of the following public rulings, copies of which can be obtained from ato.gov.au/law
NOTICE OF RULINGS |
Ruling number | Subject | Brief description |
TR 2025/1 | Income tax: exempt income of international organisations and persons connected with them | This Ruling considers the income of international organisations and persons connected with international organisations that is exempt income. This Ruling applies both before and after its date of issue. |
TD 2025/6 | Income tax: does section 109U of the Income Tax Assessment Act 1936 only apply to arrangements where a private company gives a guarantee to another private company? | This Determination deals with the requirements for section 109U of the Income Tax Assessment Act 1936 to apply. This Determination applies both before and after its date of issue. |
CR 2025/63 | Domain Holdings Australia Limited – employee share scheme - minimum holding period | This Ruling sets out the income tax consequences for employees of Domain Holdings Australia Limited and its subsidiaries, who acquired shares in that company in a Domain Tax Exempt Share Plan and subsequently sold them on 27 August 2025 pursuant to a scheme of arrangement. This Ruling applies to employees specified in the Ruling from 1 July 2022 to 30 June 2024. |
CR 2025/64 | VGW Holdings Limited – scrip for scrip roll-over | This Ruling sets out the income tax consequences for shareholders of VGW Holdings Limited who transferred their shares to Ocean BidCo Limited on 20 August 2025. This Ruling applies to shareholders specified in the Ruling for the income year ending 30 June 2026. |
CR 2025/65 | GTN Limited – return of capital | This Ruling sets out the income tax consequences for shareholders of GTN Limited who received a return of capital payment of $0.23 per ordinary share on 11 August 2025. This Ruling applies to shareholders specified in the Ruling from 1 July 2025 to 30 June 2026. |
CR 2025/66 | Indiana Resources Limited – return of capital | This Ruling sets out the income tax consequences for shareholders of Indiana Resources Limited who received a return of capital payment of $0.05 per share on 15 August 2025. This Ruling applies to shareholders specified in the Ruling from 1 July 2025 to 30 June 2026. |
NOTICE OF ADDENDA |
Ruling number | Subject | Brief description |
LCR 2021/2 | Non-arm's length income – expenditure incurred under a non-arm's length arrangement | This Addendum amends Law Companion Ruling LCR 2021/2 to clarify how the amendments to section 295-550 of the Income Tax Assessment Act 1997 operate in a scheme where the parties do not deal with each other at arm's length and the trustee of a small complying superannuation fund (a complying superannuation entity with no more than 6 members including a self-managed superannuation fund), incurs non-arm's length expenditure (or where expenditure is not incurred) in gaining or producing ordinary or statutory income, and address accessibility requirements. This Addendum applies from 1 July 2018. |
TR 2010/1 | Income tax: superannuation contributions | This Addendum amends Taxation Ruling TR 2010/1 to explain the interactions between the non-arm's length income provisions and the rules concerning superannuation contributions. It also contains changes to reflect the removal of the maximum earnings test for the purpose of deducting personal contributions, which commenced from 1 July 2017. This Addendum applies both before and after date of issue, subject to the date of commencement of the legislation referred to. |
Overview
The Taxation Administration Act 1953, enacted by the Australian Parliament, addresses administrative aspects of taxation law, including the issuance of public rulings and determinations to clarify and provide guidance on tax matters. This Act was introduced to ensure taxpayers have clear and accessible information regarding their tax obligations and rights. The notice of rulings and addenda, such as those issued under the authority of the Commissioner of Taxation, serve to inform taxpayers of the tax treatment of specific transactions or arrangements, thereby promoting certainty and compliance within the tax system. The policy objective behind these rulings and addenda is to provide timely and accurate tax guidance, thereby assisting taxpayers in understanding and fulfilling their tax obligations.
Scope and Application
The Notifiable Instrument F2025N00764, issued under the Taxation Administration Act 1953, pertains to several public rulings and an addendum issued by the Commissioner of Taxation, Rob Heferen. These rulings and the addendum cover various aspects of income tax, including the treatment of exempt income of international organisations, the application of specific sections within the Income Tax Assessment Acts, and the tax consequences for shareholders and employees involved in particular transactions. These rulings and the addendum are applicable to specific entities and individuals, such as employees of Domain Holdings Australia Limited, shareholders of VGW Holdings Limited, GTN Limited, and Indiana Resources Limited, as well as trustees of small complying superannuation funds. The geographic reach of these rulings is national, applying across Australia, and they operate within the framework set by the Commonwealth's taxation laws. The rulings and the addendum provide clarity on tax obligations and consequences in relation to certain transactions and arrangements, ensuring taxpayers are aware of their obligations. Certain exclusions or thresholds are outlined within each specific ruling, and the application of these rulings can be extended or restricted through subordinate instruments.
Key Provisions
The Commissioner of Taxation has issued a notifiable instrument under subsection 358-5(4) of Schedule 1 to the Taxation Administration Act 1953, detailing several public rulings and an addendum that offer guidance on various tax matters. Specifically, TR 2025/1 (paragraphs 1 and 2) addresses the exempt income of international organisations and persons connected with them, providing clarity on what constitutes exempt income for these entities. TD 2025/6 (paragraph 3) focuses on whether section 109U of the Income Tax Assessment Act 1936 applies to arrangements where a private company guarantees another private company, offering insights into the application of this section. CR 2025/63 (paragraph 4) details the income tax consequences for Domain Holdings Australia Limited employees who sold shares under a specific plan, applicable from 1 July 2022 to 30 June 2024. CR 2025/64 (paragraph 5) addresses the tax implications for VGW Holdings Limited shareholders who transferred their shares to Ocean BidCo Limited, relevant for the income year ending 30 June 2026. CR 2025/65 (paragraph 6) and CR 2025/66 (paragraph 7) cover the tax consequences for GTN Limited and Indiana Resources Limited shareholders who received return of capital payments, applicable from 1 July 2025 to 30 June 2026.
These rulings and the addendum impose specific obligations on the entities and individuals they govern. For instance, entities like Domain Holdings Australia Limited and VGW Holdings Limited must ensure that their employees and shareholders understand the tax implications of their respective transactions. Similarly, GTN Limited and Indiana Resources Limited must inform their shareholders about the tax consequences of the return of capital payments. The addendum to TR 2010/1 (paragraph 8) and LCR 2021/2 (paragraph 9) require those involved in non-arm's length arrangements and superannuation contributions to comply with the updated rules and clarifications provided.
Failure to comply with the provisions outlined in these rulings and the addendum can result in various penalties and consequences. While the specific penalties are not detailed in the notifiable instrument, breaches of tax laws generally can lead to financial penalties, interest charges, and potential legal action. For instance, providing false or misleading information to the Commissioner can result in fines and, in severe cases, criminal charges. The exact penalties depend on the nature and severity of the breach, as well as the applicable tax legislation.