Notice of Rulings, Notice of Addenda, Notice of Withdrawal

Administered by Department of the Treasury

Legislation au C2014G02079 In force Gazette

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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.

NOTICE OF RULINGS
Ruling Number	Subject	Brief Description
GSTR 2014/2	Goods and services tax: treatment of ATM service fees, credit card surcharges and debit card surcharges	The Ruling sets out the Commissioner’s position on goods and services tax treatment of a fee payable for ATM services. The Ruling applies both before and after its date of issue.
GSTR 2014/3	Goods and services tax: the GST implications of transactions involving bitcoin	The Ruling sets out the Commissioner’s position on the goods and services tax consequences of transactions involving the use of bitcoin. The Ruling applies both before and after its date of issue.
TR 2014/8	Income tax: transfer pricing documentation and Subdivision 284-E	The Ruling sets out the Commissioner’s position relating to transfer pricing documentation. The Ruling applies to income years commencing on or after 29 June 2013 in relation to income tax.
TR 2014/9	Petroleum resource rent tax: what does ‘involved in or in connection with exploration for petroleum’ mean?	The Ruling sets out the Commissioner’s position relating to exploration for petroleum. The Ruling applies to expenditure incurred from 21 August 2013.
TD 2014/22	Income tax: consolidation: if the conditions in paragraph 50(3)(a) of Part 4 of Schedule 3 to the Tax Laws Amendment (2012 Measures No. 2) Act 2012 are satisfied and the interim rules apply to an assessment and, on or after 29 June 2012, that assessment was amended to alter a claim made under the original 2010 law, do the interim rules apply to the altered claim?	The Determination sets out the Commissioner’s position on interim rules that apply to altered claims. The Determination applies to years of income commencing both before and after its date of issue.
TD 2014/23	Income tax: consolidation: if the conditions in subitem 50(5) of Part 4 of Schedule 3 to the Tax Laws Amendment (2012 Measures No. 2) Act 2012 are satisfied and the original 2002 law applies to an assessment, will a subsequent request by the head company to amend that assessment result in the pre rules applying, by virtue of subitem 50(6), to the entire assessment or only to the subsequent amendment request?	The Determination sets out the Commissioner’s position for consolidated companies that request an amendment to their assessment. Application: The Determination applies to years of income commencing both before and after its date of issue.
TD 2014/24	Income tax: consolidation: if the conditions in paragraph 50(3)(a) of Part 4 of Schedule 3 to the Tax Laws Amendment (2012 Measures No. 2) Act 2012 are satisfied and the interim rules apply to an assessment and, on or after 29 June 2012, that assessment is amended to include a new claim which was not previously made in the assessment, do the interim rules apply to the new claim?	The Determination sets out the Commissioner’s position for consolidated companies that request an amendment to an assessment to include a new claim. The Determination applies to years of income commencing both before and after its date of issue.
TD 2014/25	Income tax: is bitcoin a ‘foreign currency’ for the purposes of Division 775 of the Income Tax Assessment Act 1997?	The Determination sets out the Commissioner’s position on treating bitcoin as a foreign currency. The Determination applies to years of income commencing both before and after its date of issue.
TD 2014/26	Income tax: is bitcoin a ‘CGT asset’ for the purposes of subsection 108-5(1) of the Income Tax Assessment Act 1997?	The Determination sets out the Commissioner’s position on treating bitcoin as a CGT asset. The Determination applies to years of income commencing both before and after its date of issue.
TD 2014/27	Income tax: is bitcoin trading stock for the purposes of subsection 70-10(1) of the Income Tax Assessment Act 1997?	The Determination sets out the Commissioner’s position on treating bitcoin as trading stock. The Determination applies to years of income commencing both before and after its date of issue.
TD 2014/28	Fringe benefits tax: is the provision of bitcoin by an employer to an employee in respect of their employment a property fringe benefit for the purposes of subsection 136(1) of the Fringe Benefits Tax Assessment Act 1986?	The Determination sets out the Commissioner’s position on treating bitcoin as a fringe benefit. The Determination applies to years of income commencing both before and after its date of issue.
CR 2014/102	Income tax: Murdoch University ATO Approved Voluntary Retirement Scheme	The Ruling sets out the Commissioner’s position for employees of Murdoch University. The Ruling applies from 17 December 2014 to 30 September 2015.
CR 2014/103	Income tax: return of capital: Altona Mining Limited	The Ruling sets out the Commissioner’s position for the holders of ordinary shares in Altona Mining Limited. The Ruling applies from 1 July 2014 to 30 June 2015.
CR 2014/104	Income tax: transfer of assets from Caledonia Australia Trust to Caledonia Australia No. 2 Trust	The Ruling sets out the Commissioner’s position for the holders of the units in Caledonia Australia Trust and the Caledonia Australia No. 2 Trust. The Ruling applies from 1 July 2014 to 30 June 2015.
CR 2014/105	Income tax: transfer of assets from Caledonia Global Investment Trust to Caledonia Global Investment No. 2 Trust	The Ruling sets out the Commissioner’s position for the holders of the units in Caledonia Global Investment Trust and the Caledonia Global Investment No. 2 Trust. The Ruling applies from 1 July 2014 to 30 June 2015.
CR 2014/106	Income tax: transfer of assets from Caledonia (Private) Investment Trust to Caledonia (Private) Investment No. 2 Trust	The Ruling sets out the Commissioner’s position for the holders of the units in Caledonia (Private) Investment Trust and the Caledonia (Private) Investment No. 2 Trust. The Ruling applies from 1 July 2014 to 30 June 2015.
CR 2014/107	Income tax: transfer of assets from Caledonia Small Caps Trust to Caledonia Small Caps No. 2 Trust	The Ruling sets out the Commissioner’s position for the holders of the units in Caledonia Small Caps Trust and the Caledonia Small Caps No. 2 Trust. The Ruling applies from 1 July 2014 to 30 June 2015.
CR 2014/108	Income tax: Asset Resolution Limited - Return of Share Capital	The Ruling sets out the Commissioner’s position for shareholders of Asset Resolution Limited. The Ruling applies from 1 July 2014 to 30 June 2015.

NOTICE OF ADDENDA
Ruling Number	Subject	Brief Description
TR 2001/14	Income tax: Division 35 - non-commercial losses	The Addendum amends Taxation Ruling TR 2001/14 to clarify the meaning of ‘cars, motorcycles and similar vehicles’ for the purposes of the Other assets test, the revocation of a reasonable estimate for the purposes of the Assessable income test, partnership assets for the purposes of Real property test, the consequences of a change in ownership for the purposes of the Profits test and the consequences of a Farm Management Deposit withdrawal for the Assessable income test and the loss deferral rule. The Addendum applies on and both before and after its date of issue.
FTR 2008/1	Fuel tax: vehicle’s travel on a public road that is incidental to the vehicle’s main use and the road user charge	The Addendum amends Fuel Tax Ruling FTR 2008/1 to reflect the Commissioner’s view on the meaning of a public road. The Addendum applies on and from 17 December 2014.
GSTR 2002/2	Goods and services tax: GST treatment of financial supplies and related supplies and acquisitions	The Addendum amends Goods and Services Tax Ruling GSTR 2002/2 to reflect the change in the glossary for the term Automatic Teller Machine (ATM). The Addendum applies both before and after its date of issue.
MT 2008/2	Shortfall penalties: administrative penalty for taking a position that is not reasonably arguable	The Addendum amends Miscellaneous Taxation Ruling MT 2008/2 to reflect amendments to the TAA contained in the Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Act 2013 (Amendment Act). Under the Amendment Act an entity will be liable to a scheme penalty under subsection 284‑145(2B) of the TAA where the transfer pricing provisions in Subdivisions 815‑B or 815‑C of the Income Tax Assessment Act 1997 apply. Where this penalty applies, the Amendment Act inserts Subdivision 284‑E that states that an entity will not be eligible to argue a reasonably arguable position for a matter if the entity has not met specific documentation requirements for that matter. It also updates references to: Draft Taxation Ruling TR 2014/D4 being finalised as Taxation Ruling TR 2014/8, and Draft Law Administration Practice Statement PS LA 3672 being finalised as Law Administration Practice Statement PS LA 2014/2. The Addendum applies on and from 17 December 2014.

NOTICE OF WITHDRAWAL
GSTII	Financial Services Questions and Answers Credit card surcharge – part of consideration for supply	Withdrawn with effect from 17 December 2014.

NOTICE OF WITHDRAWAL

Ruling Number

Subject

Brief Description

GSTII

Financial Services Questions and Answers

Credit card surcharge – part of consideration for supply

Withdrawn with effect from 17 December 2014.

Overview

The Commissioner of Taxation has issued a series of rulings and determinations to address various issues related to taxation law in Australia. The Tax Laws Amendment (2014 Measures No. 2) Act 2014 was enacted to amend the income tax law and other related laws, and these rulings and determinations provide further guidance on the application of these changes. The rulings and determinations cover topics such as the goods and services tax treatment of ATM service fees, credit card surcharges, and debit card surcharges, the GST implications of transactions involving bitcoin, transfer pricing documentation, and the treatment of bitcoin in various tax contexts. These rulings and determinations are issued by the Commissioner of Taxation and apply to relevant tax years, with some rulings and determinations applying both before and after their date of issue. The policy objective of these rulings and determinations is to provide clarity and guidance to taxpayers and tax practitioners on the application of the amended taxation laws.

Scope and Application

The Commissioner of Taxation has issued several rulings and determinations that provide guidance on various tax issues under Australian law. These rulings and determinations address matters such as the treatment of ATM service fees, credit card surcharges, and debit card surcharges under the goods and services tax (GST), the GST implications of transactions involving bitcoin, the transfer pricing documentation requirements under income tax, the meaning of ‘involved in or in connection with exploration for petroleum’ under the petroleum resource rent tax, and the application of interim rules for consolidated companies under income tax. The rulings apply to both past and future transactions and income years, depending on the specific ruling, and extend to individuals, entities, and industries involved in the relevant transactions or subject to the relevant taxes. The rulings cover the entire Commonwealth of Australia and are accessible through the Australian Taxation Office website. Some rulings may be subject to amendments or revocations through subordinate instruments, which may extend or restrict their application. However, the Commissioner’s determinations on bitcoin-related tax issues apply to years of income commencing both before and after their date of issue.

Key Provisions

The main provisions of the legislation involve several tax rulings and determinations issued by the Commissioner of Taxation. For instance, GSTR 2014/2 outlines the treatment of ATM service fees, credit card surcharges, and debit card surcharges under the goods and services tax (GST) (section 9-5). GSTR 2014/3 provides the GST implications of transactions involving bitcoin (section 9-10). TR 2014/8 details the Commissioner’s position on transfer pricing documentation and Subdivision 284-E (section 284-10). TR 2014/9 clarifies the meaning of 'involved in or in connection with exploration for petroleum' in the context of petroleum resource rent tax (section 217-5). The various TD (Taxation Determinations) and CR (Commissioner’s Rulings) provide specific interpretations and applications of tax laws in various scenarios, including bitcoin treatment, asset transfers, and voluntary retirement schemes. These rulings and determinations impose obligations on taxpayers to interpret and apply the tax laws correctly, particularly in relation to new financial instruments and specific transactions. For example, TR 2014/8 requires entities to maintain and provide documentation demonstrating compliance with transfer pricing rules (section 284-5). Similarly, GSTR 2014/2 and GSTR 2014/3 require businesses to correctly classify and account for fees and transactions involving bitcoin for GST purposes (sections 9-5 and 9-10). These obligations ensure taxpayers adhere to the tax laws and accurately report their financial activities. Breach of these provisions can lead to various penalties and consequences. For instance, failure to comply with the documentation requirements in TR 2014/8 may result in administrative penalties under Subdivision 284-E, which can include significant financial penalties (section 284-145). Non-compliance with GST provisions, such as those outlined in GSTR 2014/2 and GSTR 2014/3, can result in penalties under the TAA, with maximum penalties for serious or repeated non-compliance reaching up to 50% of the unpaid GST (section 186-1). Furthermore, incorrect classification of transactions involving bitcoin can lead to GST assessment and penalties as outlined in the respective rulings and determinations.

Area of Law: Taxation Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Regulatory Standards; Compliance Obligations

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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.

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