Notice of Rulings 6 September 2023

NOTICE OF RULINGS

Ruling number

Subject

Brief description

TD 2023/5

Income tax:  aggregated turnover and connected entities – Commissioner’s discretion that an entity does not ‘control’ another entity

This Determination provides guidance on particular issues that have emerged from the administration of the discretion in subsection 328‑125(6) of the Income Tax Assessment Act 1997 to determine that an entity does not control another entity.

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

CR 2023/48

Abacus Property Group – de-stapling and re-stapling as Abacus Group and Abacus Storage King

This Ruling sets out the income tax consequences for the de-stapling of the Abacus Property Group (Abacus) and its re-stapling as the Abacus Group stapled group and the Abacus Storage King stapled group for securityholders who held stapled securities in Abacus just before 3 August 2023.

This Ruling applies from 1 July 2023 to 30 June 2024.

CR 2023/49

Navman Wireless Australia Pty Limited – use of FTC Manager for fuel tax credits

This Ruling sets out when reports generated from the FTC Product can be used as a record for fuel tax credit record-keeping purposes for FTC Data level clients.

This Ruling applies on or after 1 July 2023 to 30 June 2024.

PR 2023/17

Fuel tax:  Navman Wireless Australia Pty Limited and FTC Manager – FTC Self Claim level clients

This Ruling sets out the Commissioner’s view on when reports generated by the FTC Manager Product are records that can be used to support information for fuel tax credit purposes for FTC Self Claim level clients.

This Ruling applies from 1 July 2023 to 30 June 2024.

NOTICE OF ADDENDA

Ruling number

Subject

Brief description

TD 2005/15

Income tax: does subsection 23AG(2) of the Income Tax Assessment Act 1936 apply where foreign earnings are exempt from tax in the foreign country for a reason listed in that subsection as well as a reason not listed?

This Addendum amends Taxation Determination TD 2005/15 to note the decision in Tanddo and Commissioner of Taxation [2022] AATA 4143 which provides that positive action is usually required to come within the operation of a memorandum of understanding or a general agreement on development cooperation for the purpose of subsection 23AG(2).

This Addendum applies before and after its date of issue.

TD 2005/14

Income tax: does subsection 23AG(2) of the Income Tax Assessment Act 1936 apply where foreign earnings are exempt from tax in a foreign country for one or more of the reasons listed in that subsection and there is no additional reason for exempting that income?

This Addendum amends TD 2005/14 to modernise it.

This Addendum applies before and after its date of issue.

TR 2013/7

Income tax: foreign employment income: interpretation of subsection 23AG(1AA) of the Income Tax Assessment Act 1936

This Addendum amends TR 2013/7 to confirm a member of the Australian Border Force is not a member of a disciplined force for the purpose of paragraph 23AG(1AA)(d) as set out in Willard and Commissioner of Taxation [2022] AATA 3723.

This Addendum applies before and after its date of issue.

CR 2023/20

Navman Wireless Australia Pty Limited – use of FTC Manager for fuel tax credits

This Addendum amends CR 2023/20 to change the period of application of the Ruling.

This Addendum applies from 1 July 2023.

PR 2023/4

Fuel tax:  Navman Wireless Australia Pty Limited and FTC Manager – FTC Self Claim level clients

This Addendum amends PR 2023/4 to change the date effect of the Ruling.

This Addendum applies from 1 July 2023.

NOTICE OF ERRATUM

Ruling number

Subject

Brief description

CR 2023/46

MetalsTech Limited – return of capital by way of specie distribution

This Erratum amends a typographical error in Class Ruling 2023/46.

This Erratum applies from 23 August 2023.