Notice of Rulings, Notice of Withdrawls, Notice of Addenda

GSTD 2012/11

Goods and services tax:  have new residential premises been used for residential accommodation before 2 December 1998 for the purposes of paragraph 40‑65(2)(b) of the A New Tax System (Goods and Services Tax) Act 1999 where the premises were only operated as commercial residential premises before that date?

The Determination outlines the consequences for new residential premises that have been used for residential accommodation.

The Determination applies both before and after its date of issue.

GSTR 2012/5

Goods and services tax:  residential premises

The Ruling considers the supply of residential premises.

The Ruling applies both before and after its date of issue.

GSTR 2012/6

Goods and services tax:  commercial residential premises

This Ruling considers the supply of commercial residential premises and supply of accommodation in commercial residential premises.

The Ruling applies both before and after its date of issue.

GSTR 2012/7

Goods and services tax:  long‑term accommodation in commercial residential premises

The Ruling considers the supply of long term accommodation in commercial residential premises.

The Ruling applies both before and after its date of issue.

CR 2012/118

Income tax:  early retirement scheme – University of Tasmania

This Ruling outlines the consequences for employees of University of Tasmania.

The Ruling applies from 19 December 2012 to 31 December 2013.

CR 2012/119

Income tax:  research and development tax incentive:  membership funding for the ACA Low Emissions Technologies Program

The Ruling outlines the consequences for R&D entities that are liable for levy contributions under the ACA Low Emissions Technologies Program.

The Ruling applies from 1 July 2011 to 30 June 2017.

CR 2012/120

Income tax:  employment termination payment:  Australian Football League Players’ Association Incorporated

The Ruling outlines the consequences for Australian Football League players.

The Ruling applies from 19 December 2012 for up to three years thereafter.

CR 2012/121

Income tax:  Woolworths Limited – creating a new stapled security

The Ruling outlines the consequences for holders of ordinary shares in Woolworths Limited.

The Ruling applies from 1 July 2012 to 30 June 2013.

CR 2012/122

Income tax:  takeover of Alesco Corporation Limited and payment of Final Dividend, Special Dividend and Additional Discretionary Dividend

The Ruling outlines the consequences for holders of ordinary shares in Alesco Corporation Limited.

The Ruling applies from 1 July 2012 to 30 June 2013.

CR 2012/123

Income tax:  Yancoal Australia Limited —contingent value right shares

The Ruling outlines the consequences for shareholders of Gloucester Coal Ltd.

The Ruling applies from 6 July 2012 to 30 June 2014.

GSTII PC1

Are all boarding houses treated as ‘commercial residential premises’?

This Ruling is being withdrawn because the Commissioner’s view is set out in GSTR 2012/6 which issued today.

GSTII PC2

Input tax credits – input taxed supply or taxable supply

This Ruling is being withdrawn because the Commissioner’s view is set out in GSTR 2012/5 which issued today.

GSTII PC3

Separately titled garage – supplied with a residential unit

This Ruling is being withdrawn because the Commissioner’s view is set out in GSTR 2012/5 which issued today.

GSTII PC4

Separately titled garage – not sold with a residential unit

This Ruling is being withdrawn because the Commissioner’s view is set out in GSTR 2012/5 which issued today.

GSTII PC5

Supply by way of lease – input taxed supply or taxable supply

This Ruling is being withdrawn because the Commissioner’s view is set out GSTR 2012/5 which issued today.

GSTR 2000/20

Goods and services tax:  commercial residential premises

This Ruling is being withdrawn because its views are now contained within GSTR 2012/5, GSTR 2012/6 and GSTR 2012/7.

GSTB 2003/2

Goods and services tax:  Long‑term accommodation at marinas

This Ruling is being withdrawn because its views are now contained within GSTR 2012/6 and GSTR 2012/7

TD 2005/13

Income tax: capital gains: if there is a change in the majority underlying interests in an asset owned by an entity, does the entity's ownership of the asset start from the change in majority underlying interests for the purpose of applying the tests in paragraphs 152‑110(1)(b) and (c) of the Income Tax Assessment Act 1997?

This Determination is being withdrawn due to legislative changes.

TD 2006/64

Income tax: capital gains: can the clause 'the relevant business ceased to be carried on' in subparagraph 152‑35(a)(ii) of the Income Tax Assessment Act 1997 be satisfied in the case of a taxpayer who sold the business to another?

This Determination is being withdrawn due to legislative changes.

TD 2006/66

Income tax:  capital gains - small business concessions - is the rollover of an eligible termination payment from a discretionary trust to a superannuation fund, in relation to an employee who is also a beneficiary of the trust, a 'distribution of income or capital' under subsection 152‑55(3) of the Income Tax Assessment Act 1997 for the purposes of the controlling individual test?

This Determination is being withdrawn due to legislative changes.

TD 2006/67

Income tax:  capital gains:  small business concessions:  does a person who has the power to remove the trustee of a discretionary trust and appoint a new trustee control the trust for the purposes of subparagraph 152‑30(2)(c)(ii) of the Income Tax Assessment Act 1997?

This Determination is being withdrawn due to legislative changes.

TD 2006/79

Income tax:  capital gains:  small business concessions:  is an entity that has a ‘controller’ under section 152‑30 of the Income Tax Assessment Act 1997 necessarily a small business CGT affiliate under paragraph 152‑25(1)(b) of the Income Tax Assessment Act 1997 of that ‘controller’?

This Determination is being withdrawn due to legislative changes.

TD 2004/44

Income tax:  consolidation - capital gains - does the transfer of an asset between members of a consolidated group affect the ownership period of the head company for the purposes of applying the small business 15 year exemption in Subdivision 152‑B of the Income Tax Assessment Act 1997?

This Addendum amends TD 2004/44 to reflect the change the reference to TR 92/20 to TR 2006/10.

This Addendum applies with effect from today.

TD 2004/45

Income tax:  consolidation - capital gains - how does the controlling individual condition in paragraph 152‑110(1)(c) of the Income Tax Assessment Act 1997 (one of the conditions for the small business 15 year exemption in Subdivision 152‑B) apply to the head company of a consolidated group in respect of the sale of an asset brought into the group by a subsidiary member?

This Addendum amends TD 2004/45 to reflect legislative changes.

The Addendum applies to CGT events happening in and after the 2006‑07 income year.

TD 2004/46

Income tax:  consolidation - capital gains - is the controlling individual condition in paragraph 152‑305(2)(b) of the Income Tax Assessment Act 1997 (one of the conditions for the small business retirement exemption) applied to the head company of a consolidated group?

This Addendum amends TD 2004/46 to reflect legislative changes.

The Addendum applies to CGT events happening in and after the 2006‑07 income year.

TD 2004/47

Income tax:  consolidation:  capital gains:  does the single entity rule in section 701‑1 of the Income Tax Assessment Act 1997 affect the application of the controlling individual test in paragraph 152‑10(2)(a) when a CGT event happens to a share or trust interest that is a membership interest in a subsidiary member (company or trust) of a consolidated group?

This Addendum amends TD 2004/47 to reflect legislative changes.

The Addendum applies to CGT events happening in and after the 2006‑07 income year.

TD 2004/79

Income tax:  consolidation:  capital gains:  if an entity makes a capital gain prior to becoming a subsidiary member of a consolidated group, can it choose to apply the small business replacement asset roll-over under Subdivision 152-E of the Income Tax Assessment Act 1997 if it acquires a replacement asset after it has become a member of the group?

This Addendum amends TD 2004/79 to reflect legislative changes.

The Addendum applies to CGT events happening in and after the 2006-07 income year.

TD 2004/82

Income tax:  consolidation - capital gains - can the exemption in section 152-125 of the Income Tax Assessment Act 1997 apply to a payment made by the head company of a consolidated group to a CGT concession stakeholder of the head company, in respect of a capital gain made on the disposal of an asset legally owned by a subsidiary member of the group for which disposal the head company obtained the small business 15 year exemption?

This Addendum amends TD 2004/82 to reflect legislative changes.

The Addendum applies to CGT events happening in and after the 2006‑07 income year.

TD 2006/63

Income tax: capital gains: is a CGT asset that is leased by a taxpayer to a connected entity for use in the connected entity's business an active asset under section 152-40 of the Income Tax Assessment Act 1997?

This Addendum amends TD 2006/63 to reflect legislative changes.

The Addendum applies to CGT events happening on or after 23 June 2009.

TD 2006/68

Income tax:  capital gains: small business concessions: can trustees or members of a complying superannuation fund ‘control’ the superannuation fund in the way described in section 152-30 of the Income Tax Assessment Act 1997?

This Addendum amends TD 2006/68 to reflect legislative changes.

The Addendum applies to CGT events happening in and after the 2006‑07 income year.

TD 2006/77

Income tax:  capital gains: are all classes of shares (other than redeemable shares) issued by a company taken into account in determining if the company has a controlling individual under subsection 152-55(1) of the Income Tax Assessment Act 1997?

This Addendum amends TD 2006/68 to reflect legislative changes.

The Addendum applies to CGT events happening in and after the 2006‑07 income year.

TD 2006/78

Income tax:  capital gains:  are there any circumstances in which the premises used in a business of providing accommodation for reward may satisfy the active asset test in section 152‑35 of the Income Tax Assessment Act 1997 notwithstanding the exclusion in paragraph 152‑40(4)(e) of the Income Tax Assessment Act 1997 for assets whose main use is to derive rent?

This Addendum amends TD 2006/78 to reflect legislative changes.

The Addendum applies to CGT events happening in and after the 2006‑07 income year.

TD 2006/78

Income tax:  capital gains:  are there any circumstances in which the premises used in a business of providing accommodation for reward may satisfy the active asset test in section 152‑35 of the Income Tax Assessment Act 1997 notwithstanding the exclusion in paragraph 152‑40(4)(e) of the Income Tax Assessment Act 1997 for assets whose main use is to derive rent?

This Addendum amends TD 2006/78 to reflect legislative changes.

The Addendum applies to CGT events happening in the 2007‑08 income year.

TD 2006/78

Income tax:  capital gains:  are there any circumstances in which the premises used in a business of providing accommodation for reward may satisfy the active asset test in section 152‑35 of the Income Tax Assessment Act 1997 notwithstanding the exclusion in paragraph 152‑40(4)(e) of the Income Tax Assessment Act 1997 for assets whose main use is to derive rent?

This Addendum amends TD 2006/78 to include reference to Tingari Village North Pty Ltd v. Commissioner of Taxation [2010] AATA 233 and its associated Decision Impact Statements (DIS 2008/4646 & DIS 2008/4647).

This Addendum applies with effect from today.