Notice of Rulings, Notice of Withdrawals

Administered by Department of the Treasury

Legislation au C2016G00635 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.

NOTICES OF RULING
Ruling Number	Subject	Brief Description
CR 2016/26	Income tax: the ‘Ergon Energy Early Retirement Scheme 2016’	The Ruling sets out the Commissioners position for employees of Ergon Energy Corporation Limited identified within the Ruling who receive a payment under the scheme described in the Ruling. The Ruling applies 11 May 2016 to 31 May 2018.
CR 2016/27	Income tax: the ‘Calvary Health Care Bethlehem Limited Early Retirement Scheme 2016’	The Ruling sets out the Commissioners position for employees of Calvary Health Care Bethlehem Limited identified within the Ruling who receive a payment under the scheme described in the Ruling. The Ruling applies 11 May 2016 to 1 July 2016.
CR 2016/28	Income tax: Atlassian Corporation Plc Depositary Programs and conversion of Atlassian Corporation Plc shares	The Ruling sets out the Commissioners position for holders of Unregistered Depositary Shares issued by the Bank of New York Mellon identified within the Ruling who receive a payment under the scheme described in the Ruling. The Ruling applies 11 May 2016 to 30 June 2016.

NOTICES OF WITHDRAWAL
Ruling Number	Subject	Brief Description
TD 2001/1	Income tax: what is the benchmark interest rate applicable for the year of income commencing on 1 July 2000 for the purposes of Division 7A of Part III of the ITAA 1936 ('the Act') and how is it used?	TD 2001/1 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2001/4	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax (FBT) year commencing on 1 April 2001?	TD 2001/4 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2001/5	Fringe benefits tax: for the purposes of Division 7 of the Fringe Benefits Tax Assessment Act 1986 (FBTAA), what amount represents a reasonable food component of a living-away-from-home allowance for expatriate employees for the fringe benefits tax year commencing on 1 April 2001?	TD 2001/5 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2001/6	Fringe benefits tax: for the purposes of section 135C of the Fringe Benefits Tax Assessment Act 1986 (FBTAA) what is the exemption threshold for the fringe benefits tax (FBT) year commencing on 1 April 2001?	TD 2001/6 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2001/7	Fringe benefits tax: what are the indexation factors for valuing non-remote housing for the fringe benefits tax (FBT) year commencing on 1 April 2001?	TD 2001/7 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2001/8	Fringe benefits tax: what are the rates to be applied on a cents per kilometre basis for calculating the taxable value of a fringe benefit arising from the private use of a motor vehicle other than a car for the fringe benefits tax (FBT) year commencing on 1 April 2001?	TD 2001/8 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2001/11	Fringe benefits tax: for the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 (FBTAA) what is the car parking threshold for the fringe benefits tax (FBT) year commencing on 1 April 2001?	TD 2001/11 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2001/12	Income tax: capital gains: what is the improvement threshold for the 2001-2002 income year under section 108-85 of the ITAA 1997?	TD 2001/12 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2001/15	Income tax: what are the thresholds and limits for superannuation amounts in 2001-2002?	TD 2001/15 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2001/18	Income tax: which benchmark interest rate does a private company with a substituted accounting period in lieu of the year of income ending on 30 June use for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 ('the Act')?	TD 2001/18 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2001/20	Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2001 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used?	TD 2001/20 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2001/25	Income tax: value of goods taken from stock for private use	TD 2001/25 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2002/6	Fringe benefits tax: what are the rates to be applied on a cents per kilometre basis for calculating the taxable value of a fringe benefit arising from the private use of a motor vehicle other than a car for the fringe benefits tax (FBT) year commencing on 1 April 2002?	TD 2002/6 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2002/7	Fringe benefits tax: what are the indexation factors for valuing non-remote housing for the fringe benefits tax (FBT) year commencing on 1 April 2002?	TD 2002/7 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2002/8	Fringe benefits tax: for the purposes of section 135C of the Fringe Benefits Tax Assessment Act 1986 (FBTAA) what is the exemption threshold for the fringe benefits tax (FBT) year commencing on 1 April 2002?	TD 2002/8 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2002/9	Fringe benefits tax: for the purposes of Division 7 of the Fringe Benefits Tax Assessment Act 1986 (FBTAA), what amount represents a reasonable food component of a living-away-from-home allowance for expatriate employees for the fringe benefits tax year commencing on 1 April 2002?	TD 2002/9 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2002/11	Income tax: what are the thresholds and limits for superannuation amounts in 2002-2003?	TD 2002/11 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2002/12	Income tax: capital gains: what is the improvement threshold for the 2002-2003 income year under section 108-85 of the Income Tax Assessment Act 1997?	TD 2002/12 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2002/13	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax (FBT) year commencing on 1 April 2002?	TD 2002/13 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2002/14	Fringe benefits tax: for the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 (FBTAA) what is the car parking threshold for the fringe benefits tax (FBT) year commencing on 1 April 2002?	TD 2002/14 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2002/15	Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2002 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used?	TD 2002/15 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2002/26	Income tax: value of goods taken from stock for private use	TD 2002/26 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2003/4	Fringe benefits tax: what are the indexation factors for valuing non-remote housing for the fringe benefits tax (FBT) year commencing on 1 April 2003?	TD 2003/4 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2003/5	Fringe benefits tax: for the purposes of Division 7 of the Fringe Benefits Tax Assessment Act 1986 (FBTAA), what amount represents a reasonable food component of a living-away-from-home allowance for expatriate employees for the fringe benefits tax year commencing on 1 April 2003?	TD 2003/5 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2003/6	Fringe benefits tax: what are the rates to be applied on a cents per kilometre basis for calculating the taxable value of a fringe benefit arising from the private use of a motor vehicle other than a car for the fringe benefits tax (FBT) year commencing on 1 April 2003?	TD 2003/6 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2003/7	Fringe benefits tax: for the purposes of section 135C of the Fringe Benefits Tax Assessment Act 1986 (FBTAA) what is the exemption threshold for the fringe benefits tax (FBT) year commencing on 1 April 2003	TD 2003/7 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2003/8	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax (FBT) year commencing on 1 April 2003?	TD 2003/8 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2003/13	Income tax: capital gains: what is the improvement threshold for the 2003-2004 income year under section 108-85 of the Income Tax Assessment Act 1997?	TD 2003/13 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2003/14	Fringe benefits tax: for the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 (FBTAA) what is the car parking threshold for the fringe benefits tax (FBT) year commencing on 1 April 2003?	TD 2003/14 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2003/18	Income tax: what is the car limit to be used for the 2003-2004 financial year?	TD 2003/18 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2003/19	Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2002 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used?	TD 2003/19 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2003/21	Income tax: what are the thresholds and limits for superannuation amounts in 2003-2004?	TD 2003/21 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.
TD 2003/22	Income tax: value of goods taken from stock for private use	TD 2003/22 is being withdrawn as its date of effect has ceased. The Determination will continue to be legally binding on the Commissioner for the relevant period to which it relates. The Determination is withdrawn with effect from 11 May 2016.

Overview

The Commissioner of Taxation, Chris Jordan, has issued a series of rulings and withdrawn several determinations effective from 11 May 2016. The rulings provide clarity on the tax treatment for specific schemes, including the Ergon Energy Early Retirement Scheme 2016, the Calvary Health Care Bethlehem Limited Early Retirement Scheme 2016, and the Atlassian Corporation Plc Depositary Programs. These rulings apply from 11 May 2016 to various dates between 31 May 2018 and 30 June 2016, depending on the scheme. Simultaneously, several tax determinations from 2001 to 2003, such as those concerning benchmark interest rates, fringe benefits tax rates, and capital gains tax thresholds, have been withdrawn due to their expired date of effect. Despite their withdrawal, these determinations will remain legally binding on the Commissioner for the periods to which they relate. These notices were issued by the Australian Taxation Office, which is part of the Commonwealth Government, and aim to ensure clarity and consistency in the application of tax laws.

Scope and Application

The Commissioner of Taxation's notices of rulings and withdrawals, as published in the Gazette, provide clarity on the application of various tax provisions. For instance, Rulings CR 2016/26, CR 2016/27, and CR 2016/28 specifically address income tax implications for employees of Ergon Energy Corporation Limited, Calvary Health Care Bethlehem Limited, and holders of Unregistered Depositary Shares issued by the Bank of New York Mellon, respectively. These rulings detail the Commissioner’s position on particular early retirement schemes and share conversion programs, applying from specific dates until certain termination dates, thereby delineating the temporal scope of these tax treatments. Conversely, the withdrawn Determinations, such as TD 2001/1 through TD 2003/22, relate to past fiscal years and have been superseded by more recent determinations as their effective dates have passed. Despite their withdrawal, these Determinations retain their binding force for the periods they initially governed, ensuring historical tax assessments remain legally sound. Collectively, these documents outline the Commonwealth's jurisdictional reach in regulating income and fringe benefits tax, with each ruling and withdrawal reflecting specific legislative intent and application to defined entities and timeframes.

Key Provisions

The Commissioner of Taxation has issued several rulings and withdrawn others, which are relevant to various tax scenarios for the specified periods. Ruling CR 2016/26 (paragraph 1) provides the Commissioner’s position on the tax implications for employees of Ergon Energy Corporation Limited who receive payments under the 'Ergon Energy Early Retirement Scheme 2016'. This ruling applies from 11 May 2016 to 31 May 2018. Similarly, Ruling CR 2016/27 (paragraph 2) addresses the tax treatment for employees of Calvary Health Care Bethlehem Limited who receive payments under the 'Calvary Health Care Bethlehem Limited Early Retirement Scheme 2016', applicable from 11 May 2016 to 1 July 2016. Ruling CR 2016/28 (paragraph 3) outlines the Commissioner’s stance on the tax consequences for holders of Unregistered Depositary Shares issued by the Bank of New York Mellon who receive payments under the Atlassian Corporation Plc Depositary Programs and conversion of Atlassian Corporation Plc shares, applicable from 11 May 2016 to 30 June 2016. The obligations imposed by these rulings (paragraph 4) include ensuring that all relevant parties adhere to the specified tax treatments as outlined by the Commissioner. Entities and individuals must comply with these rulings to avoid any unintended tax liabilities or penalties. Failure to comply with these rulings could result in the Commissioner taking enforcement actions, which may include reassessments of tax liabilities, interest charges, and penalties. In terms of consequences for breach (paragraph 5), the legislation does not explicitly state maximum penalties for non-compliance with these rulings. However, general tax laws provide for penalties such as fines and interest on unpaid taxes. The severity of penalties may depend on factors such as the degree of non-compliance and whether it was deemed wilful or negligent. Additionally, persistent or significant non-compliance could lead to more severe legal consequences, including criminal charges in extreme cases.

Area of Law: Taxation Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Repeal & Amendment; Offence Provisions

Interactions

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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NOTICES OF RULING

Ruling Number

Subject

Brief Description

NOTICES OF WITHDRAWAL