Notice of Rulings, Notice of Addenda, Notice of Withdrawals

Administered by Department of the Treasury

Legislation au C2016G01595 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

CR 2016/91

Fringe benefits tax:  employers using the Fleetsu Vehicle Log Book System for car log book and odometer records

The Ruling sets out the Commissioner’s opinion for employees who use the Fleetsu Log Book System, a GPS system for car log book record and odometer record keeping requirements.

The Ruling applies from 1 July 2016 to 30 June 2021.

CR 2016/92

Income tax: leave - Deferred Salary Scheme for employees of St Peter’s College in Adelaide

The Ruling sets out the Commissioner’s opinion for employees of St Peter’s College in Adelaide who participate in the Deferred Salary Scheme.

The Ruling applies from 22 September 2016.

 

NOTICE OF ADDENDA

Ruling Number

Subject

Brief Description

GSTR 2003/15

Goods and services tax:  importation of goods into Australia

The Addendum amends Goods and Services Tax Ruling GSTR 2003/15 to reflect amendments made to the A New Tax System (Goods and Services Tax) Act 1999 by the Tax and Superannuation Laws Amendment (2016 Measures No.1) Act 2016 in relation to the calculation of the value of a taxable importation that is made on or after 1 October 2016.

The Addendum also makes further minor amendments to GSTR 2003/15 and updates the references section.

The Addendum applies on and from 1 October 2016.

TR 2002/5

Income tax:  Permanent establishment - What is 'a place at or through which [a] person carries on any business' in the definition of permanent establishment in subsection 6(1) of the Income Tax Assessment Act 1936?

The Addendum amends Taxation Ruling TR 2002/5 to update it for the removal of the term ‘permanent establishment’ from the A New Tax System (Goods and Services Tax) Act 1999 as part of the Tax and Superannuation Laws Amendment (2016 Measures No. 1) Act 2016.

The Addendum applies on and from 1 October 2016.

 

NOTICE OF WITHDRAWALS

Ruling Number

Subject

Brief Description

TD 94/49

Income tax:  can convertible notes qualify as infrastructure borrowings?

Withdrawn with effect from 7 December 2016.

TD 94/51

Income tax:  when does the exemption period commence in relation to a direct or indirect infrastructure borrowing?

Withdrawn with effect from 7 December 2016.

TD 94/52

Income tax:  can funds be raised through an infrastructure borrowing before expenditure is contractually required to be made for the construction of an infrastructure facility, or the construction or acquisition of a related facility?

Withdrawn with effect from 7 December 2016.

TD 94/53

Income tax:  what is an appropriate treatment for funds that have been raised under an infrastructure borrowing, but which are not immediately used?

Withdrawn with effect from 7 December 2016.

TD 94/80

Income tax:  is an investor who borrows to fund the purchase price of infrastructure borrowings, entitled to a deduction under subsection 51(1) of the Income Tax Assessment Act 1936 for any interest incurred by the investor for that purpose?

Withdrawn with effect from 7 December 2016.

TD 95/59

Income tax:  infrastructure borrowings:  is a rebate in accordance with section 159GZZZZG available where interest from infrastructure lending is exempt under section 159GZZZZE and is partially exempt under another provision?

Withdrawn with effect from 7 December 2016.

TD 2003/24

Income tax:  Simplified Tax System (STS):  what amount is returned as assessable income by an STS taxpayer in relation to an assessable payment to them that has been subject to the Pay As You Go withholding rules in Division 12 of Schedule 1 to the Taxation Administration Act 1953?

Withdrawn with effect from 7 December 2016.

TD 2003/25

Income tax:  Simplified Tax System (STS):  does paragraph 328-105(1)(a) of the Income Tax Assessment Act 1997 (ITAA 1997) apply to an amount received by an STS taxpayer, but not yet derived as ordinary income under the ordinary operation of section 6-5 of the ITAA 1997?

Withdrawn with effect from 7 December 2016.

TD 2003/26

Income tax: Simplified Tax System (STS): for which income year should an STS taxpayer claim an income tax deduction for an amount withheld under the Pay As You Go withholding rules in Division 12 of Schedule 1 to the Taxation Administration Act 1953?

Withdrawn with effect from 7 December 2016.

TD 2003/29

Income tax:  Simplified Tax System (STS):  can an entity that has notified the Commissioner of its choice to stop being an STS taxpayer for an income year, later cancel that choice for that year?

Withdrawn with effect from 7 December 2016.

TD 2003/30

Income tax:  Simplified Tax System (STS):  can an entity that has notified the Commissioner of its choice to become an STS taxpayer for an income year later revoke that choice in respect of that year?

Withdrawn with effect from 7 December 2016.

TD 2003/31

Income tax:  Simplified Tax System (STS):  can an entity notify the Commissioner of its choice to become, or stop being, an STS taxpayer for an income year, after it has lodged that year's income tax return?

Withdrawn with effect from 7 December 2016.

TD 2005/4

Income tax:  section 8-1 of the Income Tax Assessment Act 1997:  refinancing a capital protected loan facility:  interest deductibility

Withdrawn with effect from 7 December 2016.

TD 2005/5

Income tax:  section 8-1 of the Income Tax Assessment Act 1997:  capital protected loan facility with a reset feature: interest deductibility

Withdrawn with effect from 7 December 2016.

TD 2005/6

Income tax:  section 8-1 of the Income Tax Assessment Act 1997:  capital protected loan facility with a trading feature: interest deductibility

Withdrawn with effect from 7 December 2016.

TD 2005/7

Income tax:  section 8-1 of the Income Tax Assessment Act 1997:  capital protected loan facility with a call option writing feature: interest deductibility

Withdrawn with effect from 7 December 2016.

 

Overview

The Commissioner of Taxation has issued several rulings and amendments to existing rulings under the Taxation Administration Act 1953 to address specific tax issues arising from recent legislative changes. The Tax and Superannuation Laws Amendment (2016 Measures No. 1) Act 2016, enacted by the Australian Parliament, introduced amendments to various taxation laws, including the A New Tax System (Goods and Services Tax) Act 1999 and the Income Tax Assessment Act 1936. These amendments necessitated updates to existing tax rulings to ensure compliance with the new legislative framework. For example, GSTR 2003/15 has been amended to reflect the changes in the calculation of the value of taxable importations, while TR 2002/5 has been updated to reflect the removal of the term 'permanent establishment' from the A New Tax System (Goods and Services Tax) Act 1999. These rulings and amendments are aimed at providing clarity and guidance to taxpayers in relation to the new tax laws.

Scope and Application

This Gazette provides notice of various rulings and an addendum issued by the Commissioner of Taxation under the Income Tax Assessment Act 1936 and the A New Tax System (Goods and Services Tax) Act 1999, and the withdrawal of several prior determinations. The rulings and addendum apply to specific taxpayers and transactions, providing clarification on fringe benefits tax for employers using the Fleetsu Vehicle Log Book System, income tax for employees of St Peter’s College in Adelaide who participate in a Deferred Salary Scheme, the importation of goods into Australia, and the definition of permanent establishment. The withdrawn rulings and determinations relate to various income tax issues including infrastructure borrowings, the Simplified Tax System, and the deductibility of interest on certain loan facilities. The rulings, addendum, and withdrawals are applicable across Australia and take effect on the specified dates, reflecting amendments made to the relevant tax laws.

Key Provisions

The Commissioner of Taxation has issued several rulings and amendments to existing rulings, providing guidance on various aspects of tax law. CR 2016/91 (Section 1) addresses fringe benefits tax for employees using the Fleetsu Vehicle Log Book System for car log book and odometer record-keeping, while CR 2016/92 (Section 2) specifies the tax treatment for employees of St Peter’s College in Adelaide participating in the Deferred Salary Scheme. These rulings are effective from July 1, 2016, to June 30, 2021, and September 22, 2016, respectively. The obligations imposed by these rulings require employers and employees to adhere to the specific tax treatments outlined for their particular circumstances. For instance, CR 2016/91 mandates that employers ensure their employees correctly record their car usage and odometer readings using the Fleetsu system, while CR 2016/92 requires employees of St Peter’s College to follow the specific conditions set forth for their participation in the Deferred Salary Scheme. These obligations are critical for compliance and accurate tax reporting. The Commissioner of Taxation has also updated and withdrawn several tax rulings to reflect legislative changes. GSTR 2003/15 (Section 3) and TR 2002/5 (Section 4) have been amended to align with the changes made by the Tax and Superannuation Laws Amendment (2016 Measures No. 1) Act 2016, impacting the calculation of taxable importation values and the definition of a permanent establishment. These amendments apply from October 1, 2016, and require taxpayers to adjust their practices accordingly to remain compliant with the current tax laws. Furthermore, several rulings have been withdrawn, including TD 94/49 to TD 95/59 and TD 2003/24 to TD 2005/7 (Section 5), all effective from December 7, 2016. These withdrawals reflect changes in tax policy or legislative updates that have rendered the previous guidance obsolete. Taxpayers are expected to review these changes and ensure they are no longer applying any of the withdrawn rulings in their tax calculations or reporting.

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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.