Notice of Rulings, Notice of Addenda, Notice of Withdrawals

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Legislation au C2014G01020 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
TR 2014/4	Income tax: effective life of depreciating assets (applicable from 1 July 2014)	The Ruling sets out the Commissioner’s position about the effective life of depreciating assets. The Ruling applies from 1 July 2014.
TD 2014/16	Income tax: capital gains: what is the improvement threshold for the 2014-15 income year under section 108-85 of the Income Tax Assessment Act 1997?	The Determination sets out the Commissioner’s opinion about the improvement threshold for the 2014-15 income year. The Determination applies for the 2014-15 income year.
TD 2014/17	Income tax: what is the car limit under section 40-230 of the Income Tax Assessment Act 1997 for the 2014-15 financial year?	The Determination sets out the Commissioner’s opinion about the car limit for the 2014-15 financial year. The Determination applies for the financial year commencing on 1 July 2014.
CR 2014/50	Income tax: proposed return of share capital: IPE Limited	The Ruling sets out the Commissioner’s position for the holders of ordinary shares in IPE Limited (IPE). The Ruling applies from 1 July 2013 to 30 June 2015.
CR 2014/51	Income tax: Nyrstar Port Pirie Workforce Renewal Scheme	The Ruling sets out the Commissioner’s position for all employees of Nyrstar Port Pirie Pty Ltd (Nyrstar). The Ruling will be available for applications within two weeks following the 25 June 2014 to 31 December 2014.
CR 2014/52	Income tax: Snack Brands Australia Early Retirement Scheme	The Ruling sets out the Commissioner’s position for all staff of Snack Brands Industries Pty Ltd & Snack Brands Foods Pty Ltd (trading as Snack Brands Australia) employed at the Smithfield New South Wales (NSW) manufacturing plant. The Ruling applies from 25 June 2014 to 25 September 2014.
CR 2014/53	Income tax: The Real McCoy Snackfood Co Pty Ltd Early Retirement Scheme	The Ruling sets out the Commissioner’s position for all staff of The Real McCoy Snackfood Co Pty Ltd employed at the Blacktown New South Wales (NSW) manufacturing plant. The Ruling applies from 25 June 2014 to 25 September 2014.
PR 2014/12	Income tax: AIL Almond Grower Project – Swan Hill 2007 Growers (to 15 June 2007) – financial years ending 30 June 2013 and 30 June 2014	The Ruling sets out the Commissioner’s position for those entities who take part in the scheme AIL Almond Grower Project – Swan Hill 2007 Growers (to 15 June 2007) Project. The Ruling applies only to the specified class of entities that entered into the scheme between 18 October 2006 and 15 June 2007 inclusive.

NOTICE OF ADDENDA
Ruling Number	Subject	Brief Description
TR 2006/10	Public Rulings	The Addendum amends Taxation Ruling TR 2006/10 to update references to the Public Governance, Performance and Accountability Act 2013. The Addendum applies on and from 1 July 2014.
CR 2013/2	Income tax: assessable income: certain Australian Agency for International Development employees - deployed to Afghanistan to provide Official Development Assistance	The Addendum amends Class Ruling CR 2013/2 to limit the date of effect of the Ruling. The Addendum applies on and from 1 July 2014.
SGD 2005/2	Superannuation guarantee: is a contribution to a complying superannuation fund or a retirement savings account for the benefit of an employee made when the employer makes the contribution to a clearing house (other than an approved clearing house)?	The Addendum amends Superannuation Guarantee Determination SGD 2005/2 to reflect the addition of the Australian Taxation Office as an ‘approved clearing house’ under regulation 7AE of the Superannuation Guarantee (Administration) Regulations 1993, as amended by the Tax and Superannuation Laws Amendment (2014 Measures No. 1) Regulation 2014. The Addendum applies on and from 20 February 2014.

NOTICE OF WITHDRAWALS
Ruling Number	Subject	Brief Description
TR 2013/4	Income tax: effective life of depreciating assets (applicable from 1 July 2013)	Withdrawn with effect from 1 July 2014.
GSTA TPP 055	Goods and services tax: is a diesel fuel grant, or diesel fuel rebate consideration for a taxable supply?	Withdrawn with effect from 25 June 2014.
GSTA TPP 057	Goods and services tax: how does section 39 of the Taxation Administration Act 1953 (TAA) operate if supplies that incorrectly include GST in the price are made to the public at large and unregistered recipients cannot be traced?	Withdrawn with effect from 25 June 2014.
GSTA TPP 058	Goods and services tax: is the supply of an enterprise that includes a short‑term lease of the enterprise premises a GST‑free supply of a going concern?	Withdrawn with effect from 25 June 2014.
GSTA TPP 061	Goods and services tax: is there an increasing adjustment when an enterprise asset is transferred to a spouse because of a marital breakdown where the acquisition of the asset was a creditable acquisition?	Withdrawn with effect from 25 June 2014.
GSTA TPP 068	Goods and services tax: would the addition of a second storey to a single storey house constitute ‘substantial renovations’ so as to make the premises ‘new residential premises’?	Withdrawn with effect from 25 June 2014.
GSTA TPP 069	Goods and services tax: would the addition of four rooms onto the end of a six‑room house constitute ‘substantial renovations’ so as to make the premises ‘new residential premises’?	Withdrawn with effect from 25 June 2014.
GSTA TPP 071	Goods and services tax: are the simplified accounting method turnover thresholds GST‑inclusive or GST‑exclusive?	Withdrawn with effect from 25 June 2014.
SMSFD 2010/1	Self Managed Superannuation Funds: can a trustee of a self managed superannuation fund purchase a trauma insurance policy in respect of a member and still satisfy the sole purpose test in section 62 of the Superannuation Industry (Supervision) Act 1993?	Withdrawn with effect from 1 July 2014.

Overview

The Commissioner of Taxation, Chris Jordan, has issued several rulings and determinations to clarify various aspects of income tax for the 2014-15 financial year, as well as amendments to previous rulings and withdrawals of certain provisions. The Income Tax Assessment Act 1997 (Cth) serves as the primary legislative framework, aiming to provide clear guidelines on the taxation of income and to address specific issues that arise within the tax system. These rulings and determinations are issued under the authority of the Commissioner and aim to ensure that taxpayers comply with their obligations while providing clarity on complex tax issues. The rulings and determinations cover a range of topics, including the effective life of depreciating assets, the improvement threshold for capital gains, and specific schemes related to workforce renewal and early retirement. Additionally, amendments to previous rulings and the withdrawal of certain provisions reflect ongoing adjustments to the tax legislation to better suit the evolving tax landscape and to address any identified gaps or issues.

Scope and Application

The Commissioner of Taxation, Chris Jordan, has issued several Tax Rulings, Determinations, and Class Rulings under the Income Tax Assessment Act 1997 and related Acts, which outline specific positions and opinions regarding various tax matters. These rulings apply to a range of entities and individuals, including taxpayers with depreciating assets, those involved in capital gains, employees under specific early retirement schemes, and entities participating in designated projects. The geographic reach of these rulings is national, applying across Australia and to entities and individuals subject to Australian tax laws. Specific rulings have temporal limitations, applying to certain financial years or periods, such as the 2014-15 income year or specific dates for early retirement schemes. Additionally, some rulings have been amended or withdrawn, reflecting updates in legislation or changes in policy. These rulings are instrumental in guiding taxpayers and tax practitioners in understanding and complying with the tax obligations under the relevant Acts.

Key Provisions

The Commissioner of Taxation has issued several Rulings and Determinations that provide clarification on various aspects of income tax and GST. These include specific rulings regarding the effective life of depreciating assets (TR 2014/4), capital gains thresholds (TD 2014/16), and car limits (TD 2014/17) for the 2014-15 income year. Other rulings address specific schemes such as the Nyrstar Port Pirie Workforce Renewal Scheme (CR 2014/51) and Snack Brands Australia Early Retirement Scheme (CR 2014/52), outlining the tax treatment for participants. Additionally, there are rulings and determinations that provide guidance on superannuation contributions and the operation of the goods and services tax (GST). Entities and individuals subject to these Rulings and Determinations must ensure they adhere to the specific provisions set out in each document. For example, businesses must correctly calculate depreciation on assets based on the effective life outlined in TR 2014/4, and employees participating in specific schemes must understand the tax implications as set out in the relevant Ruling. Furthermore, taxpayers must also comply with the amendments and additions to previous rulings, such as the updates to superannuation guarantee contributions (SGD 2005/2) and the withdrawal of certain GST interpretations (e.g., GSTA TPP 055 to GSTA TPP 071). Failure to comply with the provisions of these Rulings and Determinations can result in various penalties. For instance, incorrect application of depreciation rules or non-compliance with specific scheme rulings can lead to reassessments, interest charges, and potential penalties. The severity of these consequences depends on the nature and extent of the non-compliance, but in some cases, the Commissioner can impose fines up to a certain amount as stipulated in the relevant tax Acts. Additionally, persistent or deliberate non-compliance may lead to more severe civil or criminal penalties, including prosecutions for tax evasion or fraud. In summary, the Rulings and Determinations issued by the Commissioner of Taxation provide critical guidance on specific tax issues, imposing clear obligations on taxpayers to ensure compliance. Failure to adhere to these provisions can result in financial penalties and, in serious cases, legal action. Therefore, it is essential for taxpayers to carefully review and apply these Rulings and Determinations to their specific circumstances.

Area of Law: Taxation Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Offence Provisions; 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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