Notices of Rulings and Withdrawals

Administered by Department of the Treasury

Legislation au C2016G00585 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 2016/24	Income tax: Essential Energy Transformation Early Retirement Scheme	The Ruling sets out the Commissioners position for employees of Essential Energy identified within the Ruling who receive a payment under the scheme described in the Ruling. The Ruling applies from 4 May 2016 to 31 December 2017.
CR 2016/25	Income tax: Colorpak Limited – Scheme of Arrangement and payment of Interim and Special Dividends	The Ruling sets out the Commissioners position for shareholders of Colorpak Limited identified within the Ruling who receive a payment under the scheme described in the Ruling. The Ruling applies from 1 July 2015 to 30 June 2016.
TR 2004/6	Income tax: substantiation exception for reasonable travel and overtime meal allowance expenses	This Ruling considers the tax consequences for individuals who incur work-related deductions for travel expenses or overtime meal expenses where these expenses are covered by an allowance paid by the person’s employer. This Ruling applies to the 2004‑05 income year and subsequent income years.

NOTICES OF WITHDRAWAL
Ruling Number	Subject	Brief Description
TD 98/6	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax (FBT) year commencing on 1 April 1998?	TD 98/6 is being withdrawn as its date of effect has ceased.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 The Determination is withdrawn with effect from 4 May 2016.
TD 98/7	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 1998?	TD 98/7 is being withdrawn as its date of effect has ceased.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 The Determination is withdrawn with effect from 4 May 2016.
TD 98/8	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 1998?	TD 98/8 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 4 May 2016.
TD 98/9	Fringe benefits tax: what are the indexation factors for valuing non‑remote housing and remote area housing for the fringe benefits tax (FBT) year commencing on 1 April 1998?	TD 98/9 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 4 May 2016.
TD 98/10	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 1998?	TD 98/10 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 4 May 2016.
TD 98/12	Income tax: what are the thresholds and limits for superannuation amounts in 1998‑99?	TD 98/12 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 4 May 2016.
TD 98/13	Income tax: capital gains: what is the improvement threshold for the 1998‑99 income year under section 108‑85 of the Income Tax Assessment Act 1997?	TD 98/13 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 4 May 2016.
TD 98/17	Income tax: value of goods taken from stock for private use	TD 98/17 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 4 May 2016.
TD 98/21	Income tax: what is the benchmark interest rate applicable for the year of income commencing on 1 July 1998 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 (‘the Act’)?	TD 98/21 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 4 May 2016.
TD 1999/2	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax (FBT) year commencing on 1 April 1999?	TD 1999/2 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 4 May 2016.
TD 1999/3	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 1999?	TD 1999/3 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 4 May 2016.
TD 1999/4	Fringe benefits tax: what are the indexation factors for valuing non‑remote housing and remote area housing for the fringe benefits tax (FBT) year commencing on 1 April 1999?	TD 1999/4 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 4 May 2016.
TD 1999/5	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 (FBT) year commencing on 1 April 1999?	TD 1999/5 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 4 May 2016.
TD 1999/27	Income tax: what are the thresholds and limits for superannuation amounts in 1999‑2000?	TD 1999/27 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 4 May 2016.
TD 1999/28	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 1999?	TD 1999/28 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 4 May 2016.
TD 1999/29	Income tax: capital gains: what is the improvement threshold for the 1999‑2000 income year under section 108‑85 of the Income Tax Assessment Act 1997?	TD 1999/29 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 4 May 2016.
TD 1999/39	Income tax: what is the benchmark interest rate applicable for the year of income commencing on 1 July 1999 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 (‘the Act’) and how is it used?	TD 1999/39 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 4 May 2016.
TD 1999/41	Income tax: value of goods taken from stock for private use	TD 1999/41 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 4 May 2016.
TD 1999/44	Fringe benefits tax: what is the exemption threshold for the purposes of subsection 135C(3) of the Fringe Benefits Tax Assessment Act 1986 (FBTAA) for the fringe benefits tax (FBT) year commencing on 1 April 1999?	TD 1999/44 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 4 May 2016.
TD 2000/19	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax (FBT) year commencing on 1 April 2000?	TD 2000/19 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 4 May 2016.
TD 2000/20	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 2000?	TD 2000/20 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 4 May 2016.
TD 2000/21	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 2000?	TD 2000/21 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 4 May 2016.
TD 2000/22	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 2000?	TD 2000/22 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 4 May 2016.
TD 2000/23	Income tax: what are the thresholds and limits for superannuation amounts in 2000‑2001?	TD 2000/23 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 4 May 2016.
TD 2000/25	Income tax: capital gains: what is the improvement threshold for the 2000‑2001 income year under section 108‑85 of the Income Tax Assessment Act 1997?	TD 2000/25 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 4 May 2016.
TD 2000/26	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 2000?	TD 2000/26 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 4 May 2016.
TD 2000/30	Fringe benefits tax: what are the indexation factors for valuing non‑remote housing for the fringe benefits tax (FBT) year commencing on 1 April 2000?	TD 2000/30 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 4 May 2016.
TD 2011/26	Income tax: capital gains tax: if a share in a ‘no goodwill’ incorporated professional practice is disposed of for no consideration, will the Commissioner accept, for the purposes of calculating the market value of the share upon a possible application of subsection 116‑30(1) of the Income Tax Assessment Act 1997 that the goodwill of the company can be taken to have no value?	TD 2011/26 is being withdrawn along with TD 2011/D9 and TD 2011/D10 following consultations with the Professional Firms Working Group, that those Determinations would be withdrawn and replaced by the administrative treatment outlined in Assessing the risk: acquisitions and disposals of interests in certain professional partnerships, trusts and incorporated practices. The Determination is withdrawn with effect from today.

Overview

The Commissioner of Taxation has issued various rulings and withdrawn others to clarify and streamline the application of tax laws, particularly concerning income tax and fringe benefits tax (FBT). This Gazette, C2016G00585, issued under the authority of the Commissioner, provides updated guidance on specific tax matters and the withdrawal of outdated determinations. For instance, the Commissioner has issued new rulings regarding the tax implications of certain retirement and dividend schemes, while also withdrawing older determinations that have become obsolete, such as those related to historical benchmark interest rates and FBT thresholds. This legislative activity aims to ensure that tax laws are current, relevant, and clearly understood by taxpayers and their representatives. The objective is to provide certainty and reduce disputes by clarifying the Commissioner’s position on specific tax issues.

Scope and Application

The Commissioner of Taxation has issued various rulings and determinations that apply to specific groups of taxpayers, industries, and transactions. For instance, Ruling CR 2016/24 addresses the income tax implications for employees of Essential Energy who receive payments under the Essential Energy Transformation Early Retirement Scheme, effective from 4 May 2016 to 31 December 2017. Similarly, Ruling CR 2016/25 pertains to the income tax position for shareholders of Colorpak Limited who receive payments under the scheme of arrangement and payment of interim and special dividends, applicable from 1 July 2015 to 30 June 2016. Ruling TR 2004/6 outlines the tax consequences for individuals who incur work-related deductions for travel expenses or overtime meal expenses covered by an allowance from their employer, effective from the 2004-05 income year onwards. Additionally, a number of determinations from 1998 to 2011, such as TD 98/6 to TD 2011/26, have been withdrawn as their dates of effect have ceased, with effect from 4 May 2016. These rulings and determinations provide clarity on specific tax issues, and their withdrawal indicates that their provisions are no longer applicable due to the cessation of their effective dates.

Key Provisions

The Gazette C2016G00585 provides a series of tax rulings and determinations issued by the Commissioner of Taxation, Chris Jordan. Several rulings have been issued to clarify the tax positions for specific entities and situations, while some determinations have been withdrawn as their effective dates have passed. Ruling CR 2016/24 (paragraph 2) and Ruling CR 2016/25 (paragraph 3) offer specific guidance on income tax matters for employees of Essential Energy and shareholders of Colorpak Limited, respectively, under particular schemes. Ruling TR 2004/6 (paragraph 4) addresses the tax implications for individuals who incur travel expenses or overtime meal expenses covered by an employer allowance. These rulings are designed to provide clarity on tax obligations and to ensure compliance with tax laws by those affected. Entities and individuals governed by these rulings and determinations must adhere to the specific guidelines provided. For instance, employees of Essential Energy and shareholders of Colorpak Limited need to follow the tax treatments outlined in Rulings CR 2016/24 and CR 2016/25, respectively. Similarly, individuals claiming deductions for travel or overtime meal expenses must ensure they comply with the substantiation requirements set forth in Ruling TR 2004/6. These obligations are critical for maintaining accurate and compliant tax records. Failure to comply with the provisions of these rulings and determinations can result in various consequences. While specific penalties are not detailed in the Gazette, non-compliance with tax laws generally can lead to civil or criminal penalties. Civil penalties may include interest on unpaid tax and additional assessments, while criminal penalties could involve fines or imprisonment for more serious breaches such as tax fraud. It is imperative for taxpayers to understand and follow these rulings to avoid adverse outcomes.

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

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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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