Notice of Rulings, Notice of Addendum, Notice of Withdrawal

Administered by Department of the Treasury

Legislation au C2014G01706 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

CR 2014/85

Income tax:  Macquarie Atlas Roads International Limited Return of Capital

The Ruling sets out the Commissioners position for the holders of ordinary shares in Macquarie Atlas Roads International Limited (MARIL) who:

(a) were listed on the MARIL share register on the Record Date (being 24 September 2014) for the Scheme

(b) are residents of Australia as defined in subsection 6(1) on the Record Date

(c)  did not hold their MARIL shares as revenue assets (as defined in section 97750 of the ITAA 1997) nor as trading stock (as defined in subsection 9951(1) of the ITAA 1997) – that is, they held their MARIL shares broadly on capital account, and

(d) are not subject to the taxation of financial arrangements rules in Division 230 of the ITAA 1997 in relation to gains and losses on their MARIL shares. (Note – Division 230 of the ITAA 1997 will generally not apply to individuals, unless they have made an election for it to apply to them).

 

The Ruling applies from 1 July 2014 to 30 June 2015.

CR 2014/86

Income tax:  Macquarie Bank Limited – Macquarie Bank Capital Notes

The Ruling sets out the Commissioners position for investors (referred to in this Ruling as Holders) who acquired fully paid, unsecured, subordinated, mandatorily convertible notes issued by Macquarie Bank Limited (MBL) called Macquarie Bank Capital Notes (BCN), and who:

  • are residents of Australia (within the meaning of subsection 6(1) of the ITAA 1936) during the period in which they hold BCN
  • do not hold their BCN as revenue assets (as defined in section 97750 of the ITAA 1997) nor as trading stock (as defined in subsection 9951(1) of the ITAA 1997) – that is, they hold their BCN on capital account, and
  • are not subject to the taxation of financial arrangements (TOFA) rules in Division 230 of the ITAA 1997 in relation to gains and losses on their BCN.

 

The Ruling applies from 1 July 2014 to 30 June 2023.

CR 2014/87

Income tax:  Challenger Limited: Challenger Capital Notes

The Ruling sets out the Commissioners position for investors who are allotted noncumulative, convertible, transferable, redeemable, subordinated, perpetual, unsecured notes issued by Challenger Limited (Challenger), called Challenger Capital Notes (Notes or Note) and who:

  • are residents of Australia (within the meaning of that term in subsection 6(1) of the ITAA 1936)
  • hold their Notes on capital account, and
  • are not subject to the Taxation of Financial Arrangements (TOFA) rules in Division 230 in relation to financial arrangements under the scheme.

 

The Ruling applies from 1 July 2014 to 30 June 2024.

 

NOTICE OF ADDENDUM

Ruling Number

Subject

Brief Description

GSTD 2013/1

Goods and services tax:  when a payment for a supply fails, is a failed payment fee charged by the supplier consideration for a supply?

The Addendum amends Goods and Services Tax Determination GSTD 2013/1 to reflect the insertion of Division 142 into the A New Tax System (Goods and Services Tax) Act 1999.

The Addendum also makes further minor amendments to GSTD 2013/1 to correct other minor nontechnical errors.

 

The Addendum applies on and from 31 May 2014.

 

NOTICE OF WITHDRAWAL

Ruling Number

Subject

Brief Description

GSTA TPP 032

Goods and services tax:  can a tax invoice show an amount representing combined GST and wine equalisation tax (together sometimes called WEG) instead of the amount of GST?

Goods and Services Tax Advice GSTA TPP 032 is withdrawn with effect from 15 October 2014.

 

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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.