Notice of Taxation Rulings - Addenda, Withdrawal, Erratum

CR 2012/115

Income tax:  proposed return of capital:  CSG Limited

The Addendum amends CR 2012/115 to reflect a variation to the quantum of the proposed return of capital and the relevant dates in relation to the proposed return of capital.

The Addendum applies on and from 1 July 2012.

GSTR 2000/33

Goods and services tax:  international travel insurance

The Addendum amends GSTR 2000/33 to take account of changes to the A New Tax System (Goods and Services Tax) Act 1999 made by the Tax Laws Amendment (2010 GST Administration Measures No.3) Act 2010.

The amendments apply to supplies that are made on or after 1 July 2010, but not to supplies of services to the extent that the supplies relate to a taxable importation made before 1 July 2010.

The Addendum applies on and from 1 July 2010.

GSTR 2003/7

Goods and services tax:  what do the expressions ‘directly connected with goods or real property’ and ‘a supply of work physically performed on goods’ mean for the purposes of subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999?

The Addendum amends GSTR 2003/7 to take account of changes to the A New Tax System (Goods and Services Tax) Act 1999 made by the Tax Laws Amendment (2010 GST Administration Measures No.3) Act 2010.

The amendments apply to supplies that are made on or after 1 July 2010, but not to supplies of services to the extent that the supplies relate to a taxable importation made before 1 July 2010.

The Addendum applies on and from 1 July 2010.

GSTR 2004/7

Goods and services tax:  in the application of items 2 and 3 and paragraph (b) of item 4 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999:

•                   when is a ‘non-resident’ or other ‘recipient’ of a supply ‘not in Australia when the thing supplied is done’?
•                   when is ‘an entity that is not an Australian resident’ ‘outside Australia when the thing supplied is done’?

The Addendum amends GSTR 2004/7 to reflect changes to section 38-190 of the A New Tax System (Goods and Services Tax) Act 1999 as a result of Tax Laws Amendment (2010 GST Administration Measures No. 3) Act 2010.

The amendments apply to supplies that are made on or after 1 July 2010, but not to supplies of services to the extent that the supplies relate to a taxable importation made before 1 July 2010.

The addendum applies on and from 1 July 2010.

GSTR 2005/6

Goods and services tax:  the scope of subsection 38-190(3) and its application to supplies of things (other than goods or real property) made to non-residents that are GST-free under item 2 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999

The Addendum amends GSTR 2005/6 to take account of amendments to the A New Tax System (Goods and Services Tax) Act 1999 made by Tax Laws Amendment (2010 GST Administration Measure No.3) Act 2010 (91 of 2010).

The amendments apply to supplies that are made on or after 1 July 2010, but not to supplies of services to the extent that the supplies relate to a taxable importation made before 1 July 2010.

The Addendum applies on and from 1 July 2010.

GSTR 2007/2

Goods and services tax:  in the application of paragraph (b) of item 3 in the table in subsection 38‑190(1) of the A New Tax System (Goods and Services Tax) Act 1999 to a supply, when does ‘effective use or enjoyment’ of the supply ‘take place outside Australia’?

The Addendum amends GSTR 2007/2 to take account of amendments to the A New Tax System (Goods and Services Tax) Act 1999 made by Tax Laws Amendment (2010 GST Administration Measure No.3) Act 2010 (91 of 2010).

The amendments apply to supplies that are made on or after 1 July 2010, but not to supplies of services to the extent that the supplies relate to a taxable importation made before 1 July 2010.

The Addendum applies on and from 1 July 2010.

TR 2002/3

Income tax:  whether the holding of pre‑emptive rights, call options and put options constitute a contingent entitlement to acquire for controlled foreign company (CFC) and foreign investment fund (FIF) purposes

The Addendum amends TR 2002/3 to reflect the repeal of the FIF provisions in Part XI of the Income Tax Assessment Act 1936 (ITAA 1936).

The FIF provisions in Part XI, incorporating sections 469 to 624 of the ITAA 1936, have been repealed by the Taxation Laws Amendment (Foreign Source Income Deferral) Act (No.1) 2010 (114 0f 2010).

The repeal of the FIF provisions is generally applicable in relation to the 2010‑11 and later income years.

The Addendum applies on and from 14 July 2010.

TD 2009/2

Income tax:  when is 'foreign income tax... imposed... on the partners, not the partnership' under paragraph 830-10(1)(b) of the Income Tax Assessment Act 1997 for the purpose of determining whether a foreign limited partnership is a foreign hybrid limited partnership under Division 830 of that Act?

The Addendum amends TD 2009/2 to reflect that the Tax Laws Amendment (Foreign Source Income Deferral) Act (No. 1) 2010 has repealed Part XI of the Income Tax Assessment Act 1936.

The Addendum applies on and from 14 July 2010.

TD 93/137

Income tax: foreign income (foreign investment funds) - does the phrase 'assets for use in eligible activities' in section 500 of the Income Tax Assessment Act 1936 (ITAA) include assets held for use in eligible activities?

Withdrawn with effect from today.

TD 93/167

Income tax: foreign income: when is Foreign Investment Fund (FIF) income not included in:

(a) the assessable income of an attributable taxpayer of a Controlled Foreign Company (CFC); or

(b) the notional assessable income of a CFC?

Withdrawn with effect from today.

TD 2006/9

Income tax:  capital gains tax: scrip for scrip roll-over: is the reference to a roll-over in paragraph 124-795(2)(a) of the Income Tax Assessment Act 1997 limited to a replacement asset roll-over listed in section 112-115 of the Income Tax Assessment Act 1997 or to a same asset roll-over listed in section 112-150 of the Income Tax Assessment Act 1997?

The Erratum corrects TD 2006/9 to amend outdated ATO view references.

The Erratum applies on and from 3 April 2013.