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ATO rulings and determinations

Spring list of ATO rulings and determinations.

Last updated 16 September 2024

File ID

File Title

CR 2024/1

AFL Players’ Association Limited – Education and Training Grant Program

CR 2024/2

Geotab Australia Pty Ltd – electronic car logbook and odometer record-keeping system

CR 2024/3

Westpac Banking Corporation – Westpac Capital Notes 10

CR 2024/4

Allkem Limited – scrip for scrip roll-over

CR 2024/5

Shriro Holdings Limited – return of capital

CR 2024/6

Healthia Limited – Scheme of Arrangement

CR 2024/7

Tamboran Resources Limited – scrip for scrip roll-over

CR 2024/8

Danakali Ltd – return of capital and special dividend

CR 2024/9

InvoCare Limited – employee share scheme – shares disposed of under scheme of arrangement

CR 2024/10

InvoCare Limited – scheme of arrangement and special dividend

CR 2024/11

Incitec Pivot Limited − reduction of share capital

CR 2024/12

A2B Australia Limited – special dividend

CR 2024/13

Parks Victoria − Early Retirement Scheme 2024

CR 2024/14

Victorian Rail Track – early retirement scheme 2024

CR 2024/15

Cenntro Electric Group Ltd – exchange of shares for Cenntro Inc. shares

CR 2024/16

KeyInvest Limited – KeyInvest Limited Capital Notes

CR 2024/17

Invex Therapeutics Ltd – return of capital

CR 2024/18

Newcrest Mining Limited – scrip for scrip roll-over, final ordinary dividend and special dividend

CR 2024/19

Symbio Holdings Limited – employee share scheme – shares disposed of under scheme of arrangement

CR 2024/20

Symbio Holdings Limited – scrip for scrip roll-over and special dividend

CR 2024/21

The Ian Potter Cultural Trust − fellowships

CR 2024/22

Australia and New Zealand Banking Group Limited – ANZ Capital Notes 9

CR 2024/23

The Trustee for the Voyager Resort − tax consequences for former timeshare owners

CR 2024/24

Bendigo and Australia Bank Limited − Capital Notes 2

CR 2024/25

VHM Limited − return of capital by in specie distribution of shares in VP Minerals Limited

CR 2024/26

Snack Foods Pty Ltd - Early Retirement Scheme 2024

CR 2024/27

Insurance Australia Group Limited – IAG Capital Notes 3

CR 2024/28

Link Wentworth Housing Limited – deductibility of donations under a payment direction deed

CR 2024/29

Queensland Health – Nursing and Midwifery Regional, Rural and Remote Student Placement Allowance

CR 2024/30

Gamma Investments HoldCo Pty Ltd – reduction of share capital

CR 2024/31

Link Administration Holdings Limited – scheme of arrangement and special dividend

CR 2024/32

Advanced Share Registry Limited – scheme of arrangement and special dividend

CR 2024/33

PointsBet Holdings Limited - return of capital

CR 2024/34

Carbon Revolution Limited – exchange of shares for Carbon Revolution plc shares

CR 2024/35

Cirrus Networks Holdings Limited – scheme of arrangement

CR 2024/36

National Australia Bank Limited – NAB Capital Notes 8

CR 2019/27 – Addendum

Income tax: Community Housing Canberra Limited – deductibility of donations under a Payment Direction Deed

PR 2024/1

FTC Automator platform – use by clients of KPMG and Geotab Australia to calculate fuel tax credits

PR 2024/2

Lannock Strata Finance 2 Pty Ltd – Lot Owner Upfront Payment Agreement

PR 2024/3

LongView Homeowner Funding Agreement

PR 2024/4

Nutrien Ag Solutions Limited – PrePay Plus Agreement

PR 2024/5

Challenger Lifetime Annuity (Liquid Lifetime) – 2024

PR 2024/6

Tax consequences of investing in the Anadara Deferred Purchase Agreement

PR 2024/7

Perpetual WealthFocus Investment Advantage Fund

PR 2024/8

W.A. Blue Gum Project 2024

PR 2024/9

Summit Rural (WA) Pty Limited – End of Season Scheme

PR 2024/10

St. James’s Place Fund Administration Bond and Portfolio Administration Bond

PR 2023/9 – Addendum

KPMG – FTC Automator platform – fuel tax credits

PR 2021/3 – Addendum

Income tax: taxation consequences of changing the portfolio structure, contributing to and partially redeeming an investment in a unit in the Perpetual WealthFocus Investment Advantage Fund – 2021

PR 2021/3 – Addendum

Income tax: taxation consequences of changing the portfolio structure, contributing to and partially redeeming an investment in a unit in the Perpetual WealthFocus Investment Advantage Fund – 2021

GSTR 2002/5 – Addendum

Goods and services tax: when is a 'supply of a going concern' GST-free?

GSTR 2006/6D – Draft

Goods and services tax: improvements on the land for the purposes of Subdivision 38-N and Division 75

GST II FL1A – Addendum

Detailed Food List

MT 2024/D1 – Draft

Time limits for claiming an input tax or fuel tax credit

SGR 2005/1 – Withdrawal

Superannuation guarantee: who is an employee?

TR 2024/1

Income tax: composite items – identifying the relevant depreciating asset for capital allowances

TR 2024/2

Income tax: when does a corporate limited partnership 'credit' an amount to a partner in that partnership?

TR 2024/3

Income tax: deductibility of self-education expenses incurred by an individual

TR 2005/13 – Addendum

Income tax: tax deductible gifts − what is a gift?

TR 2013/5 – Addendum

Income tax: when a superannuation income stream commences and ceases

TR 2020/1A – Addendum

Income tax: employees: deductions for work expenses under section 8 1 of the Income Tax Assessment Act 1997

TR 2021/1A – Addendum

Income tax: when are deductions allowed for employees’ transport expenses?

TR 2021/4A – Addendum

Income tax and fringe benefits tax: employees: accommodation and food and drink expenses, travel allowances, and living-away-from-home allowances

TR 95/2 – Withdrawal

Income tax: Overseas Aid Gift Deduction Scheme

TR 2024/D1 – Draft

Income tax: royalties – character of payments in respect of software and intellectual property rights

TR 2024/D2 – Draft

Income tax: exempt income of international organisations and persons connected with them

TR 2023/D4 – Draft Consolidation

Income tax: pay as you go withholding – who is an employee?

TR 2021/D4 – Withdrawal

Income tax: royalties – character of receipts in respect of software

TR 2019/D1 – Withdrawal

Income tax: income of international organisations and persons connected with them that is exempt from income tax

ED 2024/D1 – Draft

Alcohol excise: the addition of water to beer

GSTD 2024/1

Goods and services tax: supplies of combination food

GSTD 2024/D1 – Draft

Goods and services tax: supplies of food of a kind marketed as a prepared meal

WETD 2024/D1 – Draft

Wine equalisation tax: the addition of water to cider or perry

TD 2024/1

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 year commencing 1 April 2024?

TD 2024/2

Fringe benefits tax: reasonable amounts under section 31G of the Fringe Benefits Tax Assessment Act 1986 for food and drink expenses incurred by employees receiving a living-away-from-home allowance fringe benefit for the fringe benefits tax year commencing 1 April 2024.

TD 2024/3

Income tax: what are the reasonable travel and overtime meal allowance expense amounts for the 2024-25 income year?

TD 93/97 – Withdrawal

Income tax: if a taxpayer claims a deduction for self-education expenses under section 8-1 of the Income Tax Assessment Act 1997, is the amount of $250 spent, but disallowed as a deduction under section 82A of the Income Tax Assessment Act 1936, excluded from the substantiation provisions?

TD 2016/8 – Withdrawal

Income tax: what is the car limit under section 40-230 of the Income Tax Assessment Act 1997 for the 2016-17 financial year?

TD 2016/11 – Withdrawal

Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2016 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used?

TD 2017/17 – Withdrawal

Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2017 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used?

TD 2017/18 – Withdrawal

Income tax: what is the car limit under section 40-230 of the Income Tax Assessment Act 1997 for the 2017-18 financial year?

TD 2018/1 – Withdrawal

Fringe benefits tax: for the purposes of section 28 of the Fringe Benefits Tax Assessment Act 1986 what are the indexation factors for valuing non-remote housing for the fringe benefits tax year commencing on 1 April 2018?

TD 2018/2 – Withdrawal

Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 2018?

TD 2018/3 – Withdrawal

Fringe benefits tax: reasonable amounts under section 31G of the Fringe Benefits Tax Assessment Act 1986 for food and drink expenses incurred by employees receiving a living-away-from-home allowance fringe benefit for the fringe benefits tax year commencing on 1 April 2018?

TD 2018/4 – Withdrawal

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 year commencing on 1 April 2018?

TD 2018/5 – Withdrawal

Fringe benefits tax: for the purposes of section 135C of the Fringe Benefits Tax Assessment Act 1986, what is the exemption threshold for the fringe benefits tax year commencing on 1 April 2018?

TD 2018/7 – Withdrawal

Fringe benefits tax: for the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 what is the car parking threshold for the fringe benefits tax year commencing on 1 April 2018?

TD 2024/2 – Erratum

Fringe benefits tax: reasonable amounts under section 31G of the Fringe Benefits Tax Assessment Act 1986 for food and drink expenses incurred by employees receiving a living-away-from-home allowance fringe benefit for the fringe benefits tax year commencing 1 April 2024.

TD 2024/D1

Income tax: hybrid mismatch rules − application of certain aspects of the ‘liable entity’ and ‘hybrid payer’ definitions

TD 2014/D10 – Withdrawal

Income tax: does forex realisation event 4 happen to the debtor under subsection 775-55(1) of the Income Tax Assessment Act 1997 on repayment of a loan taken out prior to the effective date of a choice to use the applicable functional currency and denominated in the same non-AUD currency that later becomes the applicable functional currency?

QC27160