Notice of Rulings, Notice of Addenda, Notice of Withdrawals

Administered by Department of the Treasury

Legislation au C2018G00484 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 http://ato.gov.au/law.

NOTICE OF RULINGS
Ruling Number	Subject	Brief Description
TR 2018/4	Income tax: effective life of depreciating assets (applicable from 1 July 2018)	The Ruling sets out the Commissioner’s position on the methodology used by the Commissioner to make a determination of the effective life of depreciating assets under section 40‑100 of the Income Tax Assessment Act 1997. The Ruling applies from 1 July 2018.
PR 2018/6	Income tax: deductibility of interest in relation to an investment in a Chan & Naylor Property Investor Trust	The Ruling sets out the Commissioner’s position on the deductibility of interest in relation to an investment in a Chan & Naylor Property Investor Trust. The Product Ruling applies prospectively from 1 July 2017 and applies only to the specified class of entities that enter into the scheme from 1 July 2017 and whose Units in the Trust are allotted on or before 30 June 2020.
TD 2018/10	Income tax: value of goods taken from stock for private use for the 2017–18 income year	The Determination sets out the Commissioners position on the value of goods taken from stock for private use for the 2017–18 income year. The Determination applies to the 2017–18 income year.
LCR 2018/4	Purchaser’s obligation to pay an amount for GST on taxable supplies of certain real property	The Ruling sets out the Commissioner’s position on GST notification and withholding requirements for vendors and purchasers of residential premises and potential residential land. The Ruling applies from 1 July 2018.

NOTICE OF ADDENDA
Ruling Number	Subject	Brief Description
GSTII/10	Recoveries and adjustment events	The Addendum amends the Goods and Services Tax Industry Issue to reflect the legislative amendments to the A New Tax System (Goods and Services Tax) Act 1999 in relation to the GST treatment of digital currency. The Addendum applies from 1 July 2017.
GSTII/13	Insurance excesses - safe harbour arrangements	The Addendum amends the Goods and Services Tax Industry Issue to reflect the legislative amendments to the A New Tax System (Goods and Services Tax) Act 1999 in relation to the GST treatment of digital currency. The Addendum applies from 1 July 2017.
TR 2005/8	Income tax: the meaning of particular terms in the Government Service Articles of Australia’s tax treaties	The Addendum amends Taxation Ruling TR 2005/8 to reflect the revised German treaty which came into force on 7 December 2016 and to remove outdated guidance in relation to section 23AG. The Addendum also removes attachments 1 to 4 which are out of date. The Addendum applies from 27 June 2018.

NOTICE OF WITHDRAWALS
Ruling Number	Subject	Brief Description
TD 93/100	Income tax: payment of ‘equipment royalties’ pursuant to a contract entered into prior to 8pm on 18 August 1992	Withdrawn with effect from 27 June 2018.
TD 93/196	Income tax: do payments received by an employee from an employer in respect of motor vehicle expenses incurred by an employee need to be considered when ascertaining the rebate for personal superannuation contributions to which the employee may be entitled under section 159SZ, and the repealed section 159TL, of the Income Tax Assessment Act 1936?	Withdrawn with effect from 27 June 2018.
TD 94/27	Income tax: does ‘separate net income’ include the imputation credits attached to franked dividends?	Withdrawn with effect from 27 June 2018.
TD 94/50	Income tax: are legal fees and other professional fees incurred in relation to the construction of an infrastructure facility able to be financed by infrastructure borrowings under section 159GZZZZA of the Income Tax Assessment Act 1936?	Withdrawn with effect from 27 June 2018.
TD 94/79	Income tax: capital gains: if a post-CGT asset bequeathed to a legal personal representative/beneficiary (LPR/B) is disposed of within 12 months of the LPR/B’s acquisition, in which circumstances is indexation available?	Withdrawn with effect from 27 June 2018.
TD 2009/20	Income tax: where the net income of a partnership (determined in accordance with section 90 of the Income Tax Assessment Act 1936) includes Foreign Investment Fund (FIF) income, will an Australian resident taxpayer which is assessable on its share of the net income under section 92 be entitled to a FIF exemption under subsection 519B(2) of that Act for any relevant proportion of their share of the partnership’s net income?	Withdrawn with effect from 27 June 2018.
TR 93/14	Income tax: medical expenses rebate - fees paid to a hostel for aged or disabled persons	Withdrawn with effect from 27 June 2018.
TR 93/34	Income tax: medical expense rebate - meaning of medical or surgical appliance	Withdrawn with effect from 27 June 2018.
TR 2017/2	Income tax: effective life of depreciating assets (applicable from 1 July 2017)	Withdrawn with effect from 1 July 2018.

Overview

The Commissioner of Taxation, Chris Jordan, has issued a series of tax rulings and determinations under the Income Tax Assessment Act 1997 and the A New Tax System (Goods and Services Tax) Act 1999, aimed at clarifying various tax issues for taxpayers and the ATO. These rulings and determinations, which were published in the Gazette on 28 June 2018, cover a range of topics from the effective life of depreciating assets, the deductibility of interest in relation to specific investments, and the value of goods taken from stock for private use, to the GST treatment of digital currency and the obligations of purchasers regarding GST on certain real property. The rulings and determinations are intended to provide guidance to taxpayers and the ATO, ensuring consistent application of the law and promoting certainty in the tax system. The rulings and determinations were enacted by the Parliament of Australia and aim to provide clarity and certainty in the application of tax laws.

Scope and Application

The Commissioner of Taxation has issued various rulings and determinations affecting income tax and goods and services tax (GST) that apply to entities and individuals within Australia. For example, TR 2018/4 outlines the Commissioner's position on the effective life of depreciating assets under section 40-100 of the Income Tax Assessment Act 1997, and applies from 1 July 2018. Similarly, LCR 2018/4 concerns the GST notification and withholding requirements for vendors and purchasers of residential premises and potential residential land, effective from 1 July 2018. Product Ruling PR 2018/6 addresses the deductibility of interest related to investments in a Chan & Naylor Property Investor Trust, applying prospectively from 1 July 2017 for specified entities. Certain determinations, such as TD 2018/10, apply specifically to the 2017–18 income year. The rulings and determinations may be amended or withdrawn, as evidenced by the withdrawal of rulings such as TD 93/100 and TR 93/14 from 27 June 2018. The rulings and determinations extend their reach through subordinate instruments, which may further clarify or expand on the primary legislation.

Key Provisions

The Commissioner of Taxation has issued several rulings and an addendum that outline specific positions and methodologies related to income tax and GST. Notably, TR 2018/4 provides the Commissioner’s position on the methodology used to determine the effective life of depreciating assets under section 40-100 of the Income Tax Assessment Act 1997, effective from 1 July 2018. PR 2018/6 deals with the deductibility of interest in relation to investments in a Chan & Naylor Property Investor Trust, applicable prospectively from 1 July 2017. TD 2018/10 sets out the Commissioner’s position on the value of goods taken from stock for private use for the 2017-18 income year. LCR 2018/4 addresses the purchaser’s obligation to pay an amount for GST on taxable supplies of certain real property, effective from 1 July 2018. These rulings impose specific obligations and requirements on taxpayers and entities. For instance, taxpayers must adhere to the Commissioner's guidelines on determining the effective life of depreciating assets as outlined in TR 2018/4. Similarly, entities investing in a Chan & Naylor Property Investor Trust must comply with the deductibility rules for interest as specified in PR 2018/6. Entities involved in the supply of real property must ensure compliance with GST notification and withholding requirements as set out in LCR 2018/4. Failure to comply with these rulings may result in various penalties and consequences. While specific penalties are not detailed in the provided text, breaches of tax law typically attract both civil and criminal penalties, including fines and potential imprisonment. For GST, non-compliance could lead to penalties based on the amount of GST not paid, along with interest on the unpaid amount. The Commissioner’s rulings and determinations serve to clarify the applicable laws and the consequences of non-compliance, thus guiding taxpayers and entities in meeting their obligations accurately and timely.

Area of Law: Taxation Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Regulatory Standards; Enforcement Powers

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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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