Notice of Rulings, Notice of Addenda, Notice of Withdrawals, Notice of Erratum

Administered by Department of the Treasury

Legislation au C2014G00935 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 2014/3

Income tax:  satisfying the ‘carrying on a business at or through a permanent establishment’ requirement in section 23AH of the Income Tax Assessment Act 1936 where a company is taken to have a permanent establishment (PE) in relation to substantial equipment

The Ruling sets out the Commissioner’s requirements about carrying on a business at or through a permanent establishment.

 

The Ruling applies to years of income commencing both before and after its date of issue.

TD 2014/15

Income tax:  when is Design Expenditure incurred by an R&D entity included in the first element of the cost of a tangible depreciating asset for the purposes of paragraph 355225(1)(b) of the Income Tax Assessment Act 1997 (and therefore not able to be deducted under section 355205)?

The Determination sets out the Commissioner’s requirements about Design Expenditure incurred by R&D entities.

 

The Determination applies to years of income commencing both before and after its date of issue.

CR 2014/47

Income tax:  selfpurchasing of services for assessed treatment and care needs in the NSW Lifetime Care and Support Scheme

The Ruling sets out the Commissioner’s opinion about participants who self-purchase services in the Lifetime Care and Support Scheme established under the New South Wales Motor Accidents (Lifetime Care and Support) Act 2006.

 

The Ruling applies from 25 June 2012.

CR 2014/48

Income tax:  treatment of transfer payments made to employees of Green State Power Pty Ltd

The Ruling sets out the Commissioner’s opinion for all employees of Green State Power Pty Ltd who receive transfer payments.

 

The Ruling applies from 11 June 2014 to 30 June 2015.

 

NOTICE OF ADDENDA

Ruling Number

Subject

Brief Description

TR 2001/2

Income tax:  Fringe benefits tax:  the operation of the new fringe benefits tax gross-up formula to apply from 1 April 2000

The Addendum amends Taxation Ruling TR 2001/2 to reflect the withdrawal and replacement of Goods and Services Tax Ruling GSTR 2000/20 Goods and services tax:  commercial and residential premises.

 

The Addendum applies on and from 19 December 2012.

GSTA TPP 004

Goods and services tax:  how do entities accounting on a cash basis who enter into hire purchase agreements claim input tax credits where the principal component of each payment varies on each instalment?

 

The Addendum amends Goods and Services Tax Advice GSTA TPP 004 to limit the application of this public ruling to hire purchase agreements entered into prior to 1 July 2012.

 

The Addendum applies from 1 July 2012.

GSTA TPP 026

Goods and services tax:  Goods and services tax:  can a full input tax credit for the GST in the principal component be claimed at the start of a hire purchase agreement, regardless of whether cash or accrual accounting is adopted?

The Addendum amends Goods and Services Tax Advice GSTA TPP 026 to limit the application of this public ruling to hire purchase agreements entered into prior to 1 July 2012.

 

The Addendum applies from 1 July 2012.

GSTD 2000/9

Goods and services tax:  if you let out a residence do you need to get an ABN for PAYG purposes or register for GST?

The Addendum amends Goods and Services Tax Determination GSTD 2000/9 to reflect the withdrawal and replacement of Goods and Services Tax Ruling GSTR 2000/20 Goods and services tax:  commercial and residential premises and other minor amendments arising from the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006.

 

The Addendum applies before and after its date of issue.

 

NOTICE OF WITHDRAWALS

Ruling Number

Subject

Brief Description

GSTA TPP 046

Goods and services tax:  is a share for share swap a financial supply for GST purposes?

Withdrawn with effect from 11 June 2014.

GSTA TPP 066

Goods and services tax:  do Division 17 and Division 27 of the Income Tax Assessment Act 1997 (ITAA) operate for food retailers using a simplified method?

Withdrawn with effect from 11 June 2014.

PR 2009/12

Income tax:  ITC Pulpwood Project 2009

Withdrawn with effect from 11 June 2014.

PR 2008/28

Income tax:  ITC Hardwood Project 2008 (High Value Timber Option)

Withdrawn with effect from 11 June 2014.

PR 2008/29

Income tax:  ITC Hardwood Project 2008 (Pulpwood Option)

Withdrawn with effect from 11 June 2014.

 

 

NOTICE OF ERRATUM

Ruling Number

Subject

Brief Description

GSTR 2002/5

Goods and services tax:  when is a ‘supply of a going concern’ GST-free?

The Erratum corrects Goods and Services Tax Ruling GSTR 2002/5 to correct a grammatical error.

 

The Erratum applies on and from 16 October 2002.

 

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