Notice of Rulings 27 August 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 RULING |
Ruling number | Subject | Brief description |
CR 2025/55 | Spartan Resources Limited – partial scrip for scrip roll-over | This Ruling sets out the income tax consequences for the holders of ordinary shares in Spartan Resources Limited in relation to the acquisition of those shares by Ramelius Resources Limited on 31 July 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 |
GSTD 2012/8 | Goods and services tax: when are telecommunication supplies made under arrangements for global roaming outside Australia by an Australian resident telecommunication supplier GST-free under item 3 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999? | This Addendum amends GSTD 2012/8 to include amendments from the Treasury Legislation Amendment (Repeal Day) Act 2015 and update references. This Addendum applies before and after date of issue. |
GSTD 2012/10 | Goods and services tax: when are telecommunication supplies made under arrangements for global roaming in Australia by an Australian resident telecommunication supplier GST-free under subsection 38-570(1) and subsection 38-570(3) of the A New Tax System (Goods and Services Tax) Act 1999? | This Addendum amends GSTD 2012/10 to include amendments from the Treasury Legislation Amendment (Repeal Day) Act 2015 and update references. This Addendum applies before and after date of issue. |
NOTICE OF ERRATUM |
Ruling number | Subject | Brief description |
GSTD 2025/1 | Goods and services tax: supplies of food of a kind marketed as a prepared meal | This Erratum corrects GSTD 2025/1 to fix a typographical error. This Erratum applies from 23 July 2025. |
Overview
The Commissioner of Taxation, Rob Heferen, has issued a notifiable instrument on 27 August 2025 under subsection 358-5(4) of Schedule 1 to the Taxation Administration Act 1953, notifying of certain public rulings and updates. This instrument includes Ruling CR 2025/55, which addresses the income tax implications for shareholders of Spartan Resources Limited following the acquisition of their shares by Ramelius Resources Limited on 31 July 2025. The ruling applies to specified shareholders from 1 July 2025 to 30 June 2026. Additionally, the instrument features two amendments, known as addenda, to GST rulings GSTD 2012/8 and GSTD 2012/10, incorporating changes from the Treasury Legislation Amendment (Repeal Day) Act 2015 and updating references. These addenda apply both before and after the date of issue. Furthermore, the instrument corrects a typographical error in GSTD 2025/1 concerning the GST treatment of supplies of food marketed as a prepared meal, with the erratum effective from 23 July 2025. These notifications aim to provide clarity and ensure compliance with current tax laws.
Scope and Application
The Notice of Rulings dated 27 August 2025, issued by the Commissioner of Taxation under the Taxation Administration Act 1953, encompasses several public rulings and amendments related to income tax and the Goods and Services Tax (GST). Specifically, Ruling CR 2025/55 addresses the income tax consequences for shareholders of Spartan Resources Limited in connection with the acquisition of their shares by Ramelius Resources Limited on 31 July 2025, applying to those shareholders from 1 July 2025 to 30 June 2026. In addition, the Notice includes amendments and corrections to previous rulings concerning the GST treatment of telecommunication supplies under global roaming arrangements, as well as a correction to a ruling on the GST treatment of supplies of food marketed as prepared meals. These rulings and their amendments apply to the respective dates specified, providing clarity and updating the tax obligations for businesses and individuals within the specified scope and timeframes.
Key Provisions
The Notifiable Instrument F2025N00688 issued by the Commissioner of Taxation, Rob Heferen, notifies three public rulings under subsection 358-5(4) of Schedule 1 to the Taxation Administration Act 1953. The first ruling, CR 2025/55, concerns the income tax consequences for the holders of ordinary shares in Spartan Resources Limited regarding their acquisition by Ramelius Resources Limited on 31 July 2025. This ruling applies to specified shareholders from 1 July 2025 to 30 June 2026, detailing the tax implications of this transaction during this period. The second and third rulings are addenda to existing rulings, GSTD 2012/8 and GSTD 2012/10, respectively, both addressing goods and services tax (GST) implications for telecommunication supplies. These addenda include amendments from the Treasury Legislation Amendment (Repeal Day) Act 2015 and update references, applying both before and after the date of issue. Additionally, the instrument includes an erratum to correct a typographical error in GSTD 2025/1, which pertains to the GST treatment of supplies of food marketed as a prepared meal, effective from 23 July 2025.
The Notifiable Instrument imposes several obligations on the parties governed by these rulings. Shareholders of Spartan Resources Limited must understand and comply with the income tax consequences outlined in CR 2025/55 for the specified period. Australian resident telecommunication suppliers need to adhere to the updated GST rules as per the addenda to GSTD 2012/8 and GSTD 2012/10, ensuring their global roaming services in and outside Australia are correctly classified for GST purposes. Suppliers of food marketed as prepared meals must also ensure their classification and tax treatment comply with the corrected guidance in the erratum to GSTD 2025/1. These obligations are critical to maintaining compliance with current tax laws and avoiding potential tax liabilities or penalties.
Failure to comply with the provisions outlined in these rulings may lead to various consequences. While the Notifiable Instrument itself does not explicitly state specific penalties, breaches of tax law generally result in civil or criminal penalties depending on the nature and severity of the non-compliance. For example, inaccuracies in reporting income tax consequences for share acquisitions or misclassifying telecommunication supplies for GST purposes could result in penalties under the Taxation Administration Act 1953. The Commissioner of Taxation may issue penalties, interest, and additional tax assessments for non-compliance, and in severe cases, criminal charges may be pursued. It is imperative for affected parties to ensure their practices align with the guidance provided in these rulings to avoid such consequences.