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TOTC Notes April 2024
TOTC Notes April 2024
Notes
Tax on the Couch – April 2024
The information in this publication has been developed in consultation with the Australian Taxation Office.
ATO Disclaimer
This general advice has been prepared by the Australian Taxation Office ABN 52 824 753 556 and does not
take account of your objectives or financial, legal or taxation situation or needs. Before acting on this
general advice you should consider the appropriateness of the advice having regard to your situation. We
recommend you obtain financial, legal and taxation advice in making an investment strategy and investing
the assets of any fund.
This material has been prepared based on information believed to be accurate at the time of publication.
Subsequent changes in circumstances may occur at any time and may impact the accuracy of the
information.
This material or information is not intended as a form of financial advice and should not be treated as such.
The Australian Taxation Office does not provide financial, legal or taxation advice.
The above disclaimer also applies to, and in respect of, the NTAA.
Disclaimer
The NTAA and their presenters do not hold an Australian Financial Services Licence to provide financial
product advice under the Corporations Act 2001 (Cth). This material covers general taxation information
which is only one of the factors to consider when making a decision on a financial product. If you are
seeking financial product advice, you should contact a person who is licensed under the Corporations Act
2001 (Cth).
Tax on the Couch is intended to be a guide only. None of the comments contained in the presentation or
notes are intended to be advice, whether legal, financial or professional. You should not act solely on the
basis of the information contained in these notes because many aspects of the material have been
generalised and the tax laws apply differently to different people in different circumstances. Further, as tax
and related laws change frequently, there may have been changes to the law since the notes were written.
Specific advice should always be obtained from a tax professional.
The NTAA, their directors, employees, consultants, presenters and authors expressly disclaim any and all
liability to any person, whether a purchaser or not, for the consequences of anything done or omitted to be
done by any such person relying on a part or the whole of the contents of this publication.
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All rights reserved. Except as permitted by the Copyright Act 1968, no part of these notes may be
reproduced or published in any form or by any means, electronic or mechanical, including photocopying,
recording, or by information storage or retrieval system, without prior written permission from the NTAA.
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Legislative Update
Legislative developments of interest from 23 February 2024 to 22 March 2024.
Global and domestic minimum taxes: This consultation paper is on the interaction
Interactions with other Australian tax laws: between the proposed global and domestic
Consultation paper minimum tax legislation and Australia’s hybrid
mismatch rules, foreign hybrid entity rules,
foreign income tax offsets and controlled
foreign company rules.
Consultation closes on 16 April 2024.
Title Description
Better targeted superannuation concessions: These draft regulations relate to the proposed
Draft regulations additional 15% tax that will apply to earnings
on superannuation balances exceeding $3m.
Consultation closes on 26 April 2024.
Petroleum Resource Rent Tax Assessment This exposure draft includes amendments to
Regulations 2024: Miscellaneous the Petroleum Resource Rent Tax regulations.
amendments
Consultation closes on 12 April 2024.
Title Description
Taxation (Multinational - Global and Domestic This bill is an exposure draft of the legislation
Minimum Tax) Imposition Bill 2024 to impose a global and domestic minimum tax.
Consultation closes on 16 April 2024.
Taxation (Multinational - Global and Domestic The government is consulting on the rules that
Minimum Tax) Rules 2024 will relate to the minimum tax legislation that
relates to the OECD/G20 Two-Pillar Solution.
Consultation closes on 16 May 2024.
Title Description
Administrative Review Tribunal Bill 2024 This bill contains provisions for the new
Administrative Review Tribunal.
This bill has been passed by the House
of Representatives.
Administrative Review Tribunal This bill is part of a package of bills that will
(Consequential and Transitional Provisions abolish the Administrative Appeals Tribunal
No. 1) Bill 2023 and replace it with the Administrative
Review Tribunal.
This bill has been passed by the House
of Representatives.
Title Description
Treasury Laws Amendment (Better Targeted This bill includes provisions that relate to the
Superannuation Concessions and Other additional 15% of tax on earnings that relate
Measures) Bill 2023 to super balances above $3m.
This bill is currently before the House of
Representatives.
Treasury Laws Amendment (Making This bill amends the Corporations Act
Multinationals Pay Their Fair Share - Integrity 2001 to require Australian public companies
and Transparency) Bill 2023 to disclose information about their
subsidiaries in their annual financial reports
by way of a ‘consolidated entity disclosure
statement’.
It also amends the thin capitalisation rules
to limit the amount of debt deductions that
multinational entities can claim in an income
year.
This bill is currently before the Senate.
Treasury Laws Amendment (Support for This bill includes the $20k instant asset
Small Business and Charities and Other write-off threshold for small businesses, the
Measures) Bill 2023 energy incentive which will provide a 20%
bonus deduction on up to $100k of eligible
expenditure for small and medium
businesses, and the NALI non-arm's length
expense measures that will apply to SMSFs
and small APRA regulated funds.
This bill is currently before the Senate.
Treasury Laws Amendment (Tax This bill contains provisions that are in
Accountability and Fairness) Bill 2023 response to the PwC matter, including
promoter penalty law reform, whistleblower
protections, Tax Practitioners Board reform
and information-sharing powers.
This bill is currently before the Senate.
Crimes Legislation Amendment This bill has updated legislation relating to foreign
(Combatting Foreign Bribery) Bill bribery, including the definition of foreign bribery. There
2023 are consequential amendments to the Income Tax
Assessment Act 1997 to align the definition of foreign
bribery for tax purposes with that contained in the
criminal code.
Royal Assent was received on 8 March 2024.
Treasury Laws Amendment (Cost of This bill amends the Income Tax Rates Act 1986 to
Living Tax Cuts) Bill 2024 modify income tax rate thresholds and tax rates for
individuals from 1 July 2024.
Royal Assent was received on 5 March 2024.
Treasury Laws Amendment (Cost of This bill amends the A New Tax System (Medicare Levy
Living - Medicare Levy) Bill 2024 Surcharge—Fringe Benefits) Act 1999 and Medicare
Levy Act 1986 to increase the Medicare levy and
Medicare levy surcharge low-income threshold
amounts for individuals, families and individual
taxpayers and families eligible for the seniors and
pensioners tax offset.
Royal Assent was received on 5 March 2024.
6. Regulations
There were no Regulations of interest this month.
1. Public rulings
Class rulings
CR 2024/18 Newcrest Mining Limited - scrip for scrip roll-over, 20 March 2024
final ordinary dividend and special dividend
Tax Rulings
There were none of interest for this month.
GSTR 2006/6DC2 Goods and services tax: improvements on the 20 March 2024
land for the purposes of Subdivision 38-N and
Division 75
Product Ruling
PR 2024/2 Lannock Strata Finance 2 Pty Ltd - Lot Owner 13 March 2024
Upfront Payment Agreement
2. Determinations
Ruling reference Description Date of issue
GSTD 2024/1 Goods and services tax: supplies of combination 28 February 2024
food
4. Interpretative decisions
There were none of interest for this month.
6. Taxpayer alerts
There were none of interest for this month.
7. Legislative instruments
Reference Description Date of issue
9. TPB documents
There were none of interest for this month.
Huang and Commissioner of Taxation (Taxation) [2024] AATA 397 8 March 2024
Grant and Commissioner of Taxation (Taxation) [2024] AATA 427 12 March 2024
Pratten and Commissioner of Taxation (Taxation) [2024] AATA 439 12 March 2024
Collie and Commissioner of Taxation (Taxation) [2024] AATA 440 12 March 2024
GHTZ and Commissioner of Taxation (Taxation) [2024] AATA 453 14 March 2024
Obeid and Commissioner of Taxation (Taxation) [2024] AATA 444 15 March 2024
Deputy Commissioner of Taxation v Apollo Kitchens (NSW) Pty Limited, in 7 March 2024
the matter of Apollo Kitchens (NSW) Pty Limited [2024] FCA 282
Esso Australia Resources Pty Ltd v Commissioner of Taxation (Costs) [2024] 14 March 2024
FCA 239
Mylan Australia Holding Pty Ltd v Commissioner of Taxation (No 2) [2024] 20 March 2024
FCA 253
Konebada Pty Ltd ATF the William Lewski Family Trust v Commissioner of 20 March 2024
Taxation [2024] FCAFC 42
27 February 2024 Albanese Government’s cost-of-living tax cuts to roll out from July 1
11 March 2024 Tariff reform to cut costs for businesses and boost productivity
12 March 2024 Buy Now, Pay Later – release of exposure draft legislation
22 March 2024 New bicycle helmet safety standard to save industry millions
13 March 2024 Albanese Government funds more than $8 million for social housing
boost in Perth’s southern suburbs
14 March 2024 Working together to help more Queenslanders into home ownership
8 March 2024 ATO welcomes SGSP (Australia) Assets Pty Ltd (Jemena) settlement
22 March 2024 Tackling the root of the problem: $5.2 million of illicit tobacco destroyed
Treasury
There were none of interest for this month.
29 February 2024 First address to the G20 Economic Ministers Forum, São Paulo, Brazil
29 February 2024 Second address to the G20 Economic Ministers Forum, São Paulo, Brazil
11 March 2024 Address to the Australian Financial Review Business Summit, Sydney
Treasury
There were none of interest for this month.
A granny flat arrangement may arise where an older person provides money to a relative in
exchange for the right to live in a dwelling.
For the CGT exemption to apply, certain conditions must be met, including that:
• The person who is granted the right to live in the accommodation is either of pension age or
has a disability;
• The right to live in the accommodation must be for life;
• The agreement cannot be commercial in nature; and
• The agreement must be in writing.
The ATO provides guidance on the CGT exemption for granny flat arrangements in its fact sheet
'Granny flat arrangements and CGT', QC 66038.
• The majority of the non-compliance relates to fundamental aspects of the Division 7A rules.
• The ATO is engaging with professional associations to raise awareness of Division 7A.
• Certain payments are not subject to Division 7A, including wages and loans made under a
complying loan agreement (and the minimum yearly repayments are made as required).
• Some common errors made by taxpayers, including in relation to loan agreements and
minimum yearly repayments.
The ATO provides some fact sheets on Division 7A, including how it operates, decision tools and
calculators for the minimum yearly repayments. These resources include Loans by private
companies, QC 17341 and Private company benefits - Division 7A dividends, QC 17861.