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Tax on the Couch

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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© Copyright 2024 NTAA

All rights reserved. Except as permitted by the Copyright Act 1968, no part of these notes may be
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© Tax on the Couch: April 2024


Tax on the Couch – April 2024

Legislative Update ............................................................................................................. 2


1. Treasury papers – taxation matters .......................................................................................... 2
2. Exposure draft legislation / regulations .................................................................................... 2
3. Bills of interest before Parliament ............................................................................................ 3
4. Legislation awaiting Royal Assent ............................................................................................. 5
5. Legislation that has received Royal Assent ............................................................................... 5
6. Regulations ................................................................................................................................ 5
7. Other legislative developments ................................................................................................ 5
Monthly Rulings Update .................................................................................................... 6
1. Public rulings ............................................................................................................................. 6
2. Determinations.......................................................................................................................... 7
3. Practical compliance guidelines ................................................................................................ 7
4. Interpretative decisions ............................................................................................................ 7
5. Law administration practice statements ................................................................................... 7
6. Taxpayer alerts .......................................................................................................................... 8
7. Legislative instruments.............................................................................................................. 8
8. Super guidance notes ................................................................................................................ 9
9. TPB documents.......................................................................................................................... 9
10. Other documents ..................................................................................................................... 9
Monthly Cases Update ..................................................................................................... 10
1. Case summaries – as discussed on TOTC ................................................................................ 10
2. Other cases of interest from 23 February 2024 to 22 March 2024 ......................................... 10
Other Developments from 23 February 2024 to 22 March 2024 ....................................... 12
1. Media releases: Treasury Ministers ....................................................................................... 12
2. Media releases: ATO, Treasury, TPB ...................................................................................... 14
3. Speeches: Treasury Ministers................................................................................................. 14
4. Speeches: ATO and Treasury .................................................................................................. 15
Hot topic – CGT exemption for granny flat arrangements ................................................. 16
ATO Topic: Common issues in complying with Division 7A ............................................... 16

© National Tax & Accountants’ Association Ltd: April 2024 1


Tax on the Couch – April 2024

Legislative Update
Legislative developments of interest from 23 February 2024 to 22 March 2024.

1. Treasury papers – taxation matters


Title Description

Annual Superannuation Performance Test - This consultation paper covers options to


design options improve the performance tests that apply to
MySuper and Trustee-Directed Products.
Consultation closes on 19 April 2024.

Expansion of Australia's tax treaty network The government is consulting on the


expansion of its tax treaty network. It will
negotiate initial tax treaties with Brazil and
Ukraine and update its treaties with New
Zealand, the Republic of Korea and Sweden.
Consultation closes on 19 April 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.

2. Exposure draft legislation / regulations


These were the Exposure draft legislation/regulations of interest from 23 February 2024 to 22
March 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.

© National Tax & Accountants’ Association Ltd: April 2024 2


Tax on the Couch – April 2024

Title Description

Taxation (Multinational - Global and Domestic This exposure draft legislation is on a


Minimum Tax) Bill 2024 multinational global and domestic minimum tax
as part of the OECD/G20 Two-Pillar Solution.
This law is designed to address the tax
challenges arising from the digitalisation of the
economy.
Consultation closes on 16 April 2024.

Treasury Laws Amendment (Multinational - This bill is an exposure draft of legislation to


Global and Domestic Minimum Tax) make consequential amendments to the
(Consequential) Bill 2024 Administrative Decisions (Judicial Review) Act
1977, the Income Tax Assessment Act 1997,
the International Tax Agreements Act 1953
and the Taxation Administration Act 1953.
Consultation closes on 16 April 2024.

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.

3. Bills of interest before Parliament


These were the Bills of interest from 23 February 2024 to 22 March 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.

© National Tax & Accountants’ Association Ltd: April 2024 3


Tax on the Couch – April 2024

Title Description

Superannuation (Better Targeted This bill reduces the concessional tax


Superannuation Concessions) Imposition Bill treatment of superannuation earnings for
2023 individuals with a total super balance of
above $3m. Earnings on amounts over $3m
will be taxed at an additional 15%.
This bill is currently before the House of
Representatives.

Superannuation (Objective) Bill 2023 This bill enshrines the purposes of


superannuation into law, including the aim
of preserving savings for a dignified
retirement, alongside government support,
in a way that is equitable and sustainable.
This bill is currently before the Senate.

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.

© National Tax & Accountants’ Association Ltd: April 2024 4


Tax on the Couch – April 2024

4. Legislation awaiting Royal Assent


There was no legislation of interest awaiting Royal Assent this month.

5. Legislation that has received Royal Assent


Title Description

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.

7. Other legislative developments


There were no other legislative developments of interest this month.

© National Tax & Accountants’ Association Ltd: April 2024 5


Tax on the Couch – April 2024

Monthly Rulings Update


The following is a summary of public rulings and determinations, as well as other legal and policy
material of interest issued by the ATO from 23 February 2024 to 22 March 2024.

1. Public rulings
Class rulings

Ruling reference Description Date of issue

CR 2024/13 Parks Victoria - Early Retirement Scheme 2024 28 February 2024

CR 2024/14 Victorian Rail Track - early retirement scheme 6 March 2024


2024

CR 2024/15 Cenntro Electric Group Ltd - exchange of shares 6 March 2024


for Cenntro Inc. shares

CR 2024/16 KeyInvest Limited - KeyInvest Limited Capital 6 March 2024


Notes

CR 2024/17 Invex Therapeutics Ltd - return of capital 20 March 2024

CR 2024/18 Newcrest Mining Limited - scrip for scrip roll-over, 20 March 2024
final ordinary dividend and special dividend

CR 2024/19 Symbio Holdings Limited - employee share 20 March 2024


scheme - shares disposed of under scheme of
arrangement

Class Rulings – Notices

Ruling reference Description Date of issue

CR 2019/27A2 - Income tax: Community Housing Canberra 20 March 2024


Addendum Limited - deductibility of donations under a
Payment Direction Deed

Tax Rulings
There were none of interest for this month.

Tax Rulings – Notices

Ruling reference Description Date of issue

TR 95/2W Income tax: Overseas Aid Gift Deduction 28 February 2024


Scheme

Miscellaneous Tax Rulings


There were none of interest for this month.

© National Tax & Accountants’ Association Ltd: April 2024 6


Tax on the Couch – April 2024

Law Companion Ruling


There were none of interest for this month.

Goods and Services Tax Rulings

Ruling Reference Description Date of issue

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

Ruling reference Description Date of issue

PR 2024/2 Lannock Strata Finance 2 Pty Ltd - Lot Owner 13 March 2024
Upfront Payment Agreement

Product Ruling – Notices

Ruling reference Description Date of issue

PR 2021/3A2 - Income tax: taxation consequences of changing 6 March 2024


Addendum the portfolio structure, contributing to and partially
redeeming an investment in a unit in the
Perpetual WealthFocus Investment Advantage
Fund - 2021

2. Determinations
Ruling reference Description Date of issue

GSTD 2024/1 Goods and services tax: supplies of combination 28 February 2024
food

TD 2024/D1 Income tax: hybrid mismatch rules - application of 13 March 2024


certain aspects of the 'liable entity' and 'hybrid
payer' definitions

3. Practical compliance guidelines


There were none of interest for this month.

4. Interpretative decisions
There were none of interest for this month.

5. Law administration practice statements


There were none of interest for this month.

© National Tax & Accountants’ Association Ltd: April 2024 7


Tax on the Couch – April 2024

6. Taxpayer alerts
There were none of interest for this month.

7. Legislative instruments
Reference Description Date of issue

LI 2024/D2 Draft Taxation Laws (Requirement to Lodge 12 March 2024


a Return for the 2024 Year) Instrument 2024

LI 2024/D3 Draft Income Tax Assessment (Requirement 12 March 2024


for Parents with a Child Support Assessment
to Lodge a Return for the 2024 Year)
Instrument 2024

LI 2024/D1 Draft Taxation Administration (Reporting 18 March 2024


Exemptions for Electronic Distribution
Platform Operators) Determination 2024

F2024L00336 Fringe Benefits Tax Assessment (Adequate 18 March 2024


Alternative Records – Private Use of Vehicle
Other Than Cars) Determination 2024

F2024L00332 Fringe Benefits Tax Assessment (Adequate 19 March 2024


Alternative Records – Fly-in Fly-out and
Drive-in Drive-out Employees) Determination
2024

F2024L00337 Fringe Benefits Tax Assessment (Adequate 19 March 2024


Alternative Records – Temporary
Accommodation Relating to Relocation)
Determination 2024

F2024L00338 Fringe Benefits Tax Assessment (Adequate 19 March 2024


Alternative Records – Car Travel to Certain
Work-Related Activities) Determination 2024

F2024L00329 Fringe Benefits Tax Assessment (Adequate 19 March 2024


Alternative Records – Car Travel to
Employment Interview or Selection Test)
Determination 2024

F2024L00331 Fringe Benefits Tax Assessment (Adequate 20 March 2024


Alternative Records – Overseas Employment
Holiday Transport) Determination 2024

F2024L00335 Fringe Benefits Tax Assessment (Adequate 20 March 2024


Alternative Records – Otherwise Deductible
Benefits) Determination 2024

F2024L00348 Fringe Benefits Tax Assessment (Adequate 20 March 2024


Alternative Records – Living-Away-From-
Home – Maintaining an Australian Home)
Determination 2024

© National Tax & Accountants’ Association Ltd: April 2024 8


Tax on the Couch – April 2024

Reference Description Date of issue

F2024L00349 Fringe Benefits Tax Assessment (Adequate 20 March 2024


Alternative Records – Travel Diaries)
Determination 2024

F2024L00350 Fringe Benefits Tax Assessment (Adequate 20 March 2024


Alternative Records – Relocation Transport)
Determination 2024

F2024L00351 Fringe Benefits Tax Assessment (Adequate 21 March 2024


Alternative Records – Remote Area Holiday
Transport) Determination 2024

8. Super guidance notes


There were none of interest for this month.

9. TPB documents
There were none of interest for this month.

10. Other documents


Reference Description Date of issue

GST industry issues Detailed Food List 28 February 2024


addendum notice

© National Tax & Accountants’ Association Ltd: April 2024 9


Tax on the Couch – April 2024

Monthly Cases Update


1. Case summaries – as discussed on TOTC
Decision Impact Statement - Bowerman and Commissioner of Taxation (Taxation) [2023] AATA
3547
The ATO has released a Decision Impact Statement on Bowerman and the Commissioner of
Taxation (Taxation) [2023] AATA 3547. In this AAT case, the taxpayer was successful in arguing
that she could claim a revenue loss on the sale of a property that she had acquired for rental, but
used solely as her private residence.

Bechtel Australia Pty Ltd v Commissioner of Taxation [2024] FCAFC 33


The Full Federal Court affirmed the decision that the travel expenses for fly in fly out workers were not
otherwise deductible. Therefore, the value of that travel was not reduced to nil for FBT purposes by the
otherwise deductible rule.

Commissioner of Taxation v Hannover Life Re of Australasia Ltd [2024] FCAFC 23


The Full Federal Court dismissed an appeal by the Commissioner and found that it was correct that a
life insurance company was entitled to input tax credits for overhead expenses to the extent that they
were related to its GST-free supplies.

Minerva Financial Group Pty Ltd v Commissioner of Taxation [2024] FCAFC 28


The Full Federal Court found that Part IVA did not apply to certain trust distributions.

Stern v Commissioner of Taxation [2024] FCAFC 21


The Full Federal Court dismissed the taxpayer’s appeal arguing that his capped defined benefit income
streams should not be included in the calculation to ascertain whether he had an excess transfer
balance.

Quy and Commissioner of Taxation (Taxation) [2024] AATA 245


The AAT found that the taxpayer remained a resident of Australia for tax purposes while working
overseas.

Delbake Pty Ltd and Commissioner of Taxation [2024] AATA 449


The AAT found that exceptional circumstances did not prevent the company from providing information
to the Commissioner regarding its superannuation guarantee shortfall before the Commissioner took
compliance action. As such, the Commissioner did not have the discretion to remit the penalties that
applied in relation to shortfall amounts for quarters ending on 31 March 2018 and earlier.

2. Other cases of interest from 23 February 2024 to 22 March 2024


Decision impact statements

Decision Impact Statements Date of issue

Decision Impact Statement - Bowerman and Commissioner of Taxation


13 March 2024
(Taxation) [2023] AATA 3547

© National Tax & Accountants’ Association Ltd: April 2024 10


Tax on the Couch – April 2024

Other cases of interest

Case reference Date of issue /


judgement
Administrative Appeals Tribunal cases

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

Federal Court cases Date of issue /


judgement

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

[Redacted] v Commissioner of Taxation [2024] FCA 185 8 March 2024

Esso Australia Resources Pty Ltd v Commissioner of Taxation (Costs) [2024] 14 March 2024
FCA 239

Deputy Commissioner of Taxation v Wu [2024] FCA 250 18 March 2024

Mylan Australia Holding Pty Ltd v Commissioner of Taxation (No 2) [2024] 20 March 2024
FCA 253

Deputy Commissioner of Taxation v Wu (No 2) [2024] FCA 269 20 March 2024

Full Federal Court cases Date of issue /


judgement

Singapore Telecom Australia Investments Pty Ltd v Commissioner of 8 March 2024


Taxation [2024] FCAFC 29

Konebada Pty Ltd ATF the William Lewski Family Trust v Commissioner of 20 March 2024
Taxation [2024] FCAFC 42

High Court cases


There were no High Court decisions of interest this month

© National Tax & Accountants’ Association Ltd: April 2024 11


Tax on the Couch – April 2024

Other Developments from 23 February 2024 to 22 March 2024

Tax Administration (Reporting Exemptions for Electronic Distribution Platform Operators)


Determination 2024
This instrument will provide an exemption for reporting certain transactions under the sharing
economy reporting regime for periods starting on or after 1 July 2024.

Online lodgment deferrals


The ATO has provided instructions for requesting lodgment deferrals online. The ATO has advised
that the old spreadsheet forms are no longer available and will not be processed if submitted.
Gazette notice: Commissioner of Taxation - Notice of a rental bond data-matching program
The ATO has advised of a data-matching program through which it will acquire rental bond data
from state and territory rental bond regulators bi-annually for the 2024 through to the 2026 financial
years.
Gazette notice: Commissioner of Taxation - Notice of a novated leases data-matching program
The ATO has advised of a data-matching program through which it will acquire novated lease data
from various organisations that provide vehicle leasing, such as LeasePlan. Data will be obtained
for the 2024 through to the 2026 financial years.
Small business industry benchmarks for the 2022 income year
The ATO has released its latest data on the small business industry benchmarks.

1. Media releases: Treasury Ministers


Treasurer – The Hon Dr Jim Chalmers MP
Date of issue Description

27 February 2024 G20 meeting in South America

27 February 2024 Albanese Government’s cost-of-living tax cuts to roll out from July 1

28 February 2024 Inflation at its lowest in more than 2 years

6 March 2024 National accounts – December quarter 2023

7 March 2024 Paying super on Government Paid Parental Leave to enhance


economic security and gender equality

8 March 2024 Improving the superannuation performance test

11 March 2024 Tariff reform to cut costs for businesses and boost productivity

11 March 2024 Better coordinated financial sector regulation

15 March 2024 Treasurers work together to boost competition

18 March 2024 Consultation begins on next set of PRRT regulations

21 March 2024 Putting in place a minimum tax for multinationals

© National Tax & Accountants’ Association Ltd: April 2024 12


Tax on the Couch – April 2024

Assistant Treasurer and Minister for Financial Services -


The Hon Stephen Jones MP
Date of issue Description

Financial services misconduct compensation scheme to start from 2 April


26 February 2024
2024

Appointments – members, Insolvency Practitioner Registration and


29 February 2024
Disciplinary Committees

29 February 2024 Appointment – chairperson, Companies Auditors Disciplinary Board

1 March 2024 Meta’s news content announcement

Consultation opens on standardising natural hazard definitions and


7 March 2024
reviewing standard cover for insurance contracts

7 March 2024 Finalisation of the Financial Accountability Regime Minister Rules

8 March 2024 Improving the superannuation performance test

11 March 2024 Better coordinated financial sector regulation

12 March 2024 Buy Now, Pay Later – release of exposure draft legislation

12 March 2024 Scammer crackdown shows early success as losses fall

22 March 2024 New bicycle helmet safety standard to save industry millions

Minister for Homelessness, Minister for Small Business -


The Hon Julie Collins MP
Date of issue Description

28 February 2024 Passage of Help to Buy legislation

1 March 2024 Free AI education for small and medium businesses

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

15 March 2024 More support to help small business cyber resilience

22 March 2024 Hundreds of new homes ready in Prahran

© National Tax & Accountants’ Association Ltd: April 2024 13


Tax on the Couch – April 2024

2. Media releases: ATO, Treasury, TPB


ATO
Date of issue Description

6 March 2024 Raids uncover illegal sales suppression technology

8 March 2024 ATO welcomes SGSP (Australia) Assets Pty Ltd (Jemena) settlement

8 March 2024 ATO successful in SingTel case

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.

Tax Practitioners Board


There were none of interest for this month.

3. Speeches: Treasury Ministers


Treasurer – The Hon Dr Jim Chalmers MP
Date of issue Description

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

5 March 2024 Address to the ASEAN-Australia CEO Forum, Melbourne

Book launch of 'The Shortest History of Economics' by Andrew Leigh,


8 March 2024
Brisbane

11 March 2024 Address to the Australian Financial Review Business Summit, Sydney

14 March 2024 Address to CEDA, Sydney

22 March 2024 Address to ChangeFest 2024, Mildura, Victoria

Assistant Treasurer and Minister for Financial Services -


The Hon Stephen Jones MP
There were none of interest for this month.

© National Tax & Accountants’ Association Ltd: April 2024 14


Tax on the Couch – April 2024

Minister for Homelessness, Minister for Small Business -


The Hon Julie Collins MP
There were none of interest for this month.

4. Speeches: ATO and Treasury


ATO
.

Date of issue Description

12 March 2024 Multilateral Partners Program - Opening Remarks

Treasury
There were none of interest for this month.

© National Tax & Accountants’ Association Ltd: April 2024 15


Tax on the Couch – April 2024

Hot topic – CGT exemption for granny flat


arrangements
Division 137 of the ITAA 1997 provides that no CGT arises as a result of entering into, varying or
terminating an eligible granny flat arrangement.

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.

ATO Topic: Common issues in complying


with Division 7A
This month Fatma Hashim caught up with Assistant Commissioner Kasey MacFarlane from the
ATO, to discuss some common compliance issues that arise with Division 7A.

Some key matters covered include:

• Breaches of Division 7A continue to be a common issue.

• 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.

• Tips on how to get Division 7A correct.

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.

© National Tax & Accountants’ Association Ltd: April 2024 16

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