Notice of Rulings, Addenda and Withdrawals

Administered by Department of the Treasury

Legislation au C2016G00517 In force Gazette

Legislation content

 

COMMISSIONER OF TAXATION

The Commissioner of Taxation, Chris Jordan, gives notice of the following Rulings, copies of which can be obtained from Branches of the Australian Taxation Office or at http://law.ato.gov.au.

NOTICES OF RULING

Ruling Number

Subject

Brief Description

CR 2016/23

Income tax:  offmarket share buyback:  Caltex Australia Limited

The Ruling sets out the Commissioners position for ordinary shareholders of Caltex Australia Limited who participate in the scheme described in the Ruling

The Ruling applies from 1 July 2015 to 30 June 2016.

 

NOTICES OF ADDENDUM

Ruling Number

Subject

Brief Description

PR 2001/110W

Income tax:  Great Southern Plantations 1998

PR 2001/110W is amended to provide information about the consequence for Growers following the disposal of the Growers’ rights, titles and interests in the Project.

The Addendum applies on and from 17 December 2013.

PR 2001/111W

Income tax:  Great Southern Plantations 1999

PR 2001/111W is amended to provide information about the consequence for Growers following the disposal of the Growers’ rights, titles and interests in the Project.

The Addendum applies on and from 17 December 2013.

 

PR 2001/112W

Income tax:  Great Southern Plantations 2000

PR 2001/112W is amended to provide information about the consequence for Growers following the disposal of the Growers’ rights, titles and interests in the Project.

The Addendum applies on and from 17 December 2013.

 

 

NOTICES OF WITHDRAWAL

Ruling Number

Subject

Brief Description

PR 2008/68

Income tax:  Gunns Plantations Woodlot Project 2009 – Option 3

PR 2008/68 is being withdrawn as the Project is being wound up following Gunns Plantations Limited entering into liquidation.

The Ruling is withdrawn with effect from today.

TD 93/40

Fringe benefits tax:  what are the indexation factors for valuing nonremote housing and what are the values for remote area housing for the fringe benefits tax year commencing 1 April 1993

TD 93/40 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

TD 93/41

Fringe benefits tax:  living away from home allowance benefits:  what is the reasonable food component for expatriate employees?

TD 93/41 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

TD 93/59

Fringe benefits tax:  what are the new rates to be applied on a cents per kilometre basis for calculating the taxable value of a fringe benefit arising from the private use of a motor vehicle other than a car for the year commencing 1 April 1993?

TD 93/59 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

TD 93/66

Fringe benefits tax:  what is the benchmark interest rate to be used for the fringe benefits tax year commencing 1 April 1993?

TD 93/66 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

TD 93/123

Income tax:  what is the cost price limit for asset improvement for the purposes of subsection 160P(6) for the income year 199394 and what is the associated indexation factor?

TD 93/123 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

TD 94/21

Fringe benefits tax:  what are the indexation factors for valuing nonremote housing and what are the statutory amounts for the purposes of valuing remote area housing for the fringe benefit tax year commencing 1 April 1994?

TD 94/21 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

TD 94/22

Fringe benefits tax:  what are the rates to be applied on a cents per kilometre basis for calculating the taxable value of a fringe benefit arising from the private use of a motor vehicle other than a car for the year commencing 1 April 1994?

TD 94/22 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

TD 94/23

Fringe benefits tax:  what is the reasonable food component for expatriate employees for the purposes of Division 7 (LivingAwayFromHome Allowance Fringe Benefits) of the Fringe Benefits Tax Assessment Act 1986?

TD 94/23 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

TD 94/29

Fringe benefits tax:  what is the benchmark interest rate to be used for the fringe benefits tax (FBT) year commencing 1 April 1994?

TD 94/29 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

TD 94/56

Income tax:  capital gains:  for the 199495 income year, (a) what is the indexation factor for section 160P (major improvements to preCGT assets) of the Income Tax Assessment Act 1936 and (b) what is the associated indexed cost base threshold?

TD 94/56 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

LCTD 2003/1

Luxury car tax:  what is the luxury car tax threshold for the 2003 2004 financial year?

LCTD 2003/1 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

LCTD 2004/1

Luxury car tax:  what is the luxury car tax threshold for the 2004 2005 financial year?

LCTD 2004/1 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

LCTD 2005/1

Luxury car tax:  what is the luxury car tax threshold for the 20052006 financial year?

LCTD 2005/1 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

LCTD 2006/1

Luxury car tax:  what is the luxury car tax threshold for the 20062007 financial year?

LCTD 2006/1 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

LCTD 2007/1

Luxury car tax:  what is the luxury car tax threshold for the 20072008 financial year?

LCTD 2007/1 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

LCTD 2008/1

Luxury car tax:  what is the luxury car tax threshold for the 20082009 financial year?

LCTD 2008/1 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

LCTD 2009/1

Luxury car tax:  what is the luxury car tax threshold and fuel efficient car limit for the 200910 financial year?

LCTD 2009/1 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

LCTD 2010/1

Luxury car tax:  what is the luxury car tax threshold and the fuel efficient car limit for the 201011 financial year?

LCTD 2010/1 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

LCTD 2011/1

Luxury car tax:  what are the luxury car tax threshold and the fuel efficient car limit for the 201112 financial year?

LCTD 2011/1 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

LCTD 2012/1

Luxury car tax:  what is the luxury car tax threshold and the fuel efficient car limit for the 201213 financial year?

LCTD 2012/1 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates.

The Determination is withdrawn with effect from 20 April 2016.

 

Overview

The Commissioner of Taxation has issued several rulings, amendments, and withdrawals concerning tax matters in Australia. The Taxation Determinations and Rulings 2016 (Gazette) (C2016G00517) provides clarity on the application of tax laws, especially in complex areas such as income tax and fringe benefits tax. This legislation aims to address specific issues and provide definitive guidance on tax obligations, thereby reducing ambiguity and ensuring compliance. The rulings and determinations are issued by the Commissioner of Taxation, with the aim of providing clear policy and procedural guidance to taxpayers and tax practitioners. The stated policy objectives include facilitating accurate tax assessments, ensuring consistency in the application of tax laws, and maintaining transparency in tax rulings.

Scope and Application

The Gazetted notices of rulings, addenda, and withdrawals issued by the Commissioner of Taxation pertain to various income tax rulings and determinations, providing clarification and guidance on specific tax matters. These rulings primarily apply to ordinary shareholders and growers involved in particular projects, and they offer detailed explanations regarding the tax consequences of certain transactions. The geographic and jurisdictional reach of these rulings is national, as they are issued by the Commonwealth entity responsible for tax administration. The rulings and determinations cover a range of topics, including share buy-backs, disposal of rights and interests, fringe benefits tax, and luxury car tax thresholds, and they are applicable within the specified timeframes noted in each ruling. Some rulings and determinations have been withdrawn due to changes in circumstances or the cessation of relevant projects, while others remain legally binding for the periods to which they relate. The Commissioner may extend or restrict the application of these rulings and determinations through subordinate instruments as necessary.

Key Provisions

The Commissioner of Taxation, Chris Jordan, has issued various rulings and determinations, which provide clarity on specific tax issues and their application. For example, Ruling CR 2016/23 (section 1) sets out the Commissioner's position on ordinary shareholders of Caltex Australia Limited participating in an off-market share buy-back scheme, applicable from 1 July 2015 to 30 June 2016. Additionally, the Commissioner has withdrawn several rulings and determinations, such as PR 2008/68, which was withdrawn due to the Gunns Plantations Woodlot Project being wound up, and TD 93/40 to TD 94/56, which have ceased to be effective as their dates have passed. These withdrawals took effect on 20 April 2016. The obligations imposed by these rulings and determinations primarily concern compliance with the tax laws as they are interpreted and applied by the Commissioner. For instance, entities and individuals must adhere to the specific provisions outlined in CR 2016/23 for the duration specified. Furthermore, the withdrawal of certain rulings and determinations, such as PR 2008/68, means that the tax positions previously outlined in those documents no longer apply, requiring taxpayers to adjust their compliance practices accordingly. In the case of the withdrawn determinations, taxpayers must now refer to the most current information or seek guidance from the Commissioner to ensure ongoing compliance. There are no direct offences, penalties, or civil/criminal consequences outlined in the text for the issuance or withdrawal of these rulings and determinations themselves. However, failure to comply with the tax laws as they are interpreted and applied by the Commissioner can lead to penalties, interest on unpaid tax, and potential legal action. The specific penalties for non-compliance depend on the nature of the breach and can include fines and imprisonment for serious or repeated offences. It is crucial for taxpayers to ensure they are aware of and adhere to the current tax obligations as set out by the Commissioner to avoid these consequences.

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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.