Notice of Taxation Rulings - Addenda, Withdrawal, Erratum

Administered by Department of the Treasury

Legislation au C2013G00522 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 ADDENDA

Ruling Number

Subject

Brief Description

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 38190(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 preemptive 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 201011 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.

 

 

NOTICE OF WITHDRAWAL

Ruling Number

Subject

Brief Description

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.

 

 

NOTICE OF ERRATUM

Ruling Number

Subject

Brief Description

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.

 

 

 

Overview

The Commissioner of Taxation has issued an addendum to several rulings, including CR 2012/115, GSTR 2000/33, GSTR 2003/7, GSTR 2004/7, GSTR 2005/6, GSTR 2007/2, TR 2002/3, and TD 2009/2, to reflect amendments made by the Tax Laws Amendment (2010 GST Administration Measures No. 3) Act 2010 and the Taxation Laws Amendment (Foreign Source Income Deferral) Act (No. 1) 2010 to the A New Tax System (Goods and Services Tax) Act 1999 and the Income Tax Assessment Act 1936. These amendments apply to supplies 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 provides clarification on various aspects of the tax system, including the proposed return of capital, international travel insurance, the scope of certain GST provisions, and the application of foreign income tax provisions. Additionally, rulings TD 93/137 and TD 93/167 have been withdrawn, and an erratum has been issued to correct an outdated ATO view reference in TD 2006/9.

Scope and Application

The Commissioner of Taxation has issued various amendments and clarifications to existing rulings under the Income Tax Assessment Act 1997 and the A New Tax System (Goods and Services Tax) Act 1999, affecting both income tax and GST obligations for taxpayers. These amendments primarily focus on specific transactions and definitions within these acts, particularly those concerning foreign investment funds, controlled foreign companies, and international travel insurance. The Addendums to these rulings apply to transactions made on or after specified dates, ensuring taxpayers are aware of the changes in a timely manner. However, certain amendments do not apply retroactively, particularly those related to supplies of services that involve taxable importations made before the effective date. The rulings apply nationally across Australia, affecting entities and individuals engaged in the relevant transactions. Additionally, some rulings have been withdrawn or corrected to ensure the accuracy and relevance of the tax guidance provided.

Key Provisions

The Commissioner of Taxation, Chris Jordan, has issued several amendments to existing rulings that pertain to various tax laws, including income tax and goods and services tax (GST). These amendments, or "Addendums," provide clarifications and updates to existing rulings to reflect legislative changes. For instance, CR 2012/115 (Addendum) amends the proposed return of capital for CSG Limited, effective from 1 July 2012. Similarly, GSTR 2000/33 (Addendum) updates the ruling on international travel insurance to align with changes made by the Tax Laws Amendment (2010 GST Administration Measures No.3) Act 2010, effective from 1 July 2010. Other rulings such as GSTR 2003/7, GSTR 2004/7, GSTR 2005/6, and GSTR 2007/2 also amend their respective provisions to reflect changes in the A New Tax System (Goods and Services Tax) Act 1999, with all these amendments effective from 1 July 2010. Additionally, TR 2002/3 (Addendum) and TD 2009/2 (Addendum) address changes related to controlled foreign company (CFC) and foreign investment fund (FIF) provisions, effective from 14 July 2010. These amendments impose specific obligations on taxpayers and entities, requiring them to adhere to updated legislative requirements and interpretations. For example, taxpayers must ensure that their return of capital calculations align with the updated provisions in CR 2012/115 (Addendum), and entities dealing in international travel insurance must comply with the new definitions and scope provided in GSTR 2000/33 (Addendum). Similarly, entities involved in GST-related activities must adjust their practices to reflect the changes in GSTR 2003/7, GSTR 2004/7, GSTR 2005/6, and GSTR 2007/2. The amendments also require taxpayers to align their accounting and reporting practices with the updated interpretations of FIF and CFC provisions in TR 2002/3 (Addendum) and TD 2009/2 (Addendum). Failure to comply with these updated provisions could result in various consequences, including potential penalties and fines. For instance, incorrect application of the amended provisions related to GST could lead to non-compliance with the A New Tax System (Goods and Services Tax) Act 1999, resulting in penalties as prescribed by the Act. Similarly, incorrect application of income tax provisions related to FIFs and CFCs could lead to penalties under the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997. The maximum penalties vary depending on the specific breach and the nature of the non-compliance, but can include substantial fines and interest on unpaid taxes. It is therefore imperative for taxpayers and entities to ensure their practices are updated and compliant with these amendments.

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