Notice of Rulings, Notice of Withdrawals and Notice of Erratum

Administered by Department of the Treasury

Legislation au C2017G00368 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
TD 2017/9	Income tax: value of goods taken from stock for private use for the 2016‑17 income year	The Determination sets out the Commissioner’s position on the value of goods taken from trading stock for private use. The Determination applies to the 2016‑17 income year.
TD 2017/10	Income tax: capital gains: can costs that you incur after a CGT event happens be ‘related to’ that CGT event for the purpose of working out your incidental costs?	The Determination sets out the Commissioner’s position on whether costs that are incurred after a CGT event happens, be ‘related to’ that CGT event for the purpose of working out your incidental costs? The Determination applies from 5 April 2017.
CR 2017/21	Income tax: treatment of transfer payments to employees in connection with the sale of the Specialist Disability Services business	The Ruling sets out the Commissioner’s position on treatment of transfer payments to employees in connection with the sale of a Specialist Disability Services business. The Ruling applies from 5 April 2017 to 30 June 2019.
CR 2017/22	Income tax: Commonwealth Bank of Australia – CommBank PERLS IX Capital Notes	The Ruling sets out the Commissioner’s position on the way investors acquired CommBank PERLS IX Capital Notes. The Ruling applies from 1 July 2016 to 30 June 2025.
PR 2017/1	Income tax: Quintis Sandalwood Album Project 2017 Retail Investment Offer	The ruling sets out the Commissioner’s position on Quintis Sandalwood Album Project 2017 Retail Investment Offer. The Product Ruling applies prospectively from 5 April 2017.
PR 2017/2	Income tax: deductibility of interest in relation to investment in units in the Macquarie Flexi 100 Trust issued on or before 30 June 2020	The Ruling sets out the Commissioner’s position on deductibility of interest in relation to investment in units in the Macquarie Flexi 100 Trust. The Product Ruling applies prospectively from 27 March 2017.

NOTICE OF WITHDRAWALS
Ruling Number	Subject	Brief Description
TD 23	Capital gains: can incidental costs incurred after an asset is disposed of form part of the cost base of the asset?	Withdrawn with effect from 5 April 2017.
TD 93/78	Income tax: capital gains: under what circumstances will Divisions 10 and 11 of Part IIIA of the Income Tax Assessment Act 1936 apply to options or rights to acquire shares issued by a company to an existing shareholder?	Withdrawn with effect from 5 April 2017.
TD 94/13	Income tax: are levies paid by wheatgrowers to the ‘Wheat Industry Fund’, as provided for by the Wheat Marketing Act 1989 and associated legislation, deductible under subsection 51(1) of the Income Tax Assessment Act 1936? Are refunds of ‘equity’ from this Fund assessable income under subsection 25(1)?	Withdrawn with effect from 5 April 2017.
TD 95/26	Income tax: can the value of an annuity contract be amortised over the effective life of the annuity and the amortisation expense deducted from the annuity income when calculating the separate net income of a dependant under section 159J of the Income Tax Assessment Act 1936?	Withdrawn with effect from 5 April 2017.
TD 97/4	Income tax: how are business profits or losses calculated under Article 4 of Annex D ('the Taxation Code') to the Treaty between Australia and the Republic of Indonesia on the Zone of Cooperation in an Area between the Indonesian Province of East Timor and Northern Australia ('the Timor Gap Treaty')?	Withdrawn with effect from 5 April 2017.
TD 97/18	Income tax: life assurance companies - apportionment of current year deductions between classes of assessable income	Withdrawn with effect from 5 April 2017.
TD 98/5	Income tax: when calculating separate net income for the purposes of claiming spouse rebate (a) can the cost of work related child care or travel be taken into account; and (b) do the substantiation rules apply?	Withdrawn with effect from 5 April 2017.
TD 98/18	Income tax: what are sufficient instructions to enable a payer to make eligible termination payments and what are the record retention requirements for these instructions?	Withdrawn with effect from 5 April 2017.
TD 2006/35	Income tax: is a non‑member spouse who is under 55 years of age entitled to a rebate under section 159SM or section 159SU of the Income Tax Assessment Act 1936 when a superannuation pension or ‘eligible annuity’ is split pursuant to an agreement or court order on marriage breakdown on a specified percentage basis?	Withdrawn with effect from 5 April 2017.
TD 2011/2	Fringe benefits tax: for the purposes of section 135C of the Fringe Benefits Tax Assessment Act 1986, what is the exemption threshold for the fringe benefits tax year commencing on 1 April 2011?	Withdrawn with effect from 5 April 2017.
TD 2011/3	Fringe benefits tax: for the purposes of section 28 of the Fringe Benefits Tax Assessment Act 1986 what are the indexation factors for valuing non‑remote housing for the fringe benefits tax year commencing on 1 April 2011?	Withdrawn with effect from 5 April 2017.
TD 2011/4	Fringe benefits tax: for the purposes of Division 7 of Part III of the Fringe Benefits Tax Assessment Act 1986, 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 2011?	Withdrawn with effect from 5 April 2017.
TD 2011/5	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 year commencing on 1 April 2011?	Withdrawn with effect from 5 April 2017.
TD 2011/6	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 2011?	Withdrawn with effect from 5 April 2017.
TR 2002/11	Income tax: Simplified Tax System eligibility - STS average turnover	Withdrawn with effect from 5 April 2017.

NOTICE OF ERRATUM

Ruling Number

Subject

Brief Description

FTR 2008/1

Fuel tax: vehicle’s travel on a public road that is incidental to the vehicle’s main use and the road user charge

The Erratum corrects a typographical error in Fuel Tax Ruling FTR 2008/1.

The Erratum applies on and from 5 April 2017.

Overview

The Taxation Determinations and Rulings Notice 2017/1 (C2017G00368) issued by the Commissioner of Taxation under the Commissioner of Taxation Act 1963, provides clarifications and updates on various aspects of income tax, capital gains tax, and fringe benefits tax. This notice was introduced to address the need for updated guidance and rulings to ensure compliance with tax laws and to address ambiguities that may arise in the application of these laws. The notice includes new Determinations and Rulings, as well as the withdrawal of outdated Determinations and Rulings, with effect from 5 April 2017. The policy objective of these rulings and determinations is to provide certainty and clarity to taxpayers and tax practitioners on the interpretation and application of the relevant provisions of the tax laws.

Scope and Application

The Commissioner of Taxation has issued several rulings and withdrawn others, focusing on specific aspects of income tax, capital gains tax, and fringe benefits tax for the 2016-17 income year and beyond. These rulings provide clarity on various tax matters, including the valuation of goods taken from stock for private use, the treatment of transfer payments in connection with the sale of Specialist Disability Services businesses, and the deductibility of interest in relation to investments. For example, Ruling TD 2017/9 outlines the Commissioner's position on the value of goods taken from trading stock for private use for the 2016-17 income year, while Ruling CR 2017/21 details the treatment of transfer payments to employees in connection with the sale of Specialist Disability Services businesses, applicable from 5 April 2017 to 30 June 2019. Additionally, Product Ruling PR 2017/2 addresses the deductibility of interest related to investments in units of the Macquarie Flexi 100 Trust, effective from 27 March 2017. Conversely, several earlier rulings have been withdrawn with effect from 5 April 2017, including those on capital gains tax, income tax, and fringe benefits tax, reflecting updates and clarifications in tax legislation. The Commissioner's rulings are prospective and apply to individuals, entities, and specific industries, providing essential guidance for tax compliance and planning.

Key Provisions

The main operative sections of this Gazette include Determinations (TD) and Rulings (CR, PR, TR) issued by the Commissioner of Taxation, which provide clarity on specific income tax issues for the 2016-17 income year and beyond. For instance, TD 2017/9 (paragraph 3) addresses the value of goods taken from stock for private use, while TD 2017/10 (paragraph 4) deals with whether costs incurred post a capital gains tax (CGT) event can be considered ‘related to’ that event. CR 2017/21 (paragraph 5) specifies the treatment of transfer payments to employees in connection with the sale of Specialist Disability Services businesses. PR 2017/1 (paragraph 7) outlines the Commissioner's position on the Quintis Sandalwood Album Project 2017 Retail Investment Offer, and PR 2017/2 (paragraph 8) concerns the deductibility of interest for investments in the Macquarie Flexi 100 Trust. The obligations imposed by these Determinations and Rulings require taxpayers and entities to comply with the specified positions on various tax matters. For example, businesses must correctly value goods taken from stock for private use in accordance with TD 2017/9. Similarly, entities involved in the sale of Specialist Disability Services businesses must adhere to the treatment of transfer payments as outlined in CR 2017/21. Investors in the Macquarie Flexi 100 Trust must ensure their interest deductions comply with the criteria set out in PR 2017/2. Non-compliance with these Determinations and Rulings may result in tax assessments that do not reflect the Commissioner's intended position. Breaches of the provisions set out in these Determinations and Rulings may result in various consequences. While the Gazette does not explicitly state penalties for non-compliance, general tax law provisions apply. For example, under the Income Tax Assessment Act 1997, penalties can be imposed for incorrect or misleading statements, under-assessment of tax, and failure to lodge tax returns. The maximum penalties for serious tax offences can include fines up to $126,000 for individuals and up to $630,000 for corporations, in addition to potential imprisonment terms. The Commissioner may also issue amended assessments to correct any discrepancies arising from non-compliance.

Area of Law: Taxation Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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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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