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Matters currently under consultation for Business.

Last updated 31 March 2026

[202601] Build to rent development tax incentives Phase 2

Registered

February 2026

Expected completion of consultation

June 2026

Consultation status

Targeted consultation is underway.

Consultation purpose

To seek feedback on public advice and guidance (PAG) priorities for Australia’s new build to rent tax incentives.

Description

The Build to rent (BTR) Bills passed Parliament and received Royal Assent on 10 December 2024. A Legislative Instrument covering initial standards for the BTR measure were made on 18 December 2024. Further legislative instruments will be made in 2026. The measure commenced 1 January 2025.

Previous PAG identified that there are some aspects of the law that may not be clear and may require administrative or interpretative guidance for those adopting the BTR laws. The ATO is aware of certain areas stakeholders will require interpretative guidance. However, so we can provide support for stakeholder participation and compliance, we will engage externally to understand what guidance or PAG are required to correctly apply the laws.

Consultation will assist the ATO’s administration of the BTR laws, guiding stakeholders implementing the BTR laws. PAG is anticipated to reduce the number of enquiries raised with the ATO on the BTR law. It is anticipated these enquiries could range from general administrative requests, through to private binding rulings.

This initiative builds on feedback received in submissions to Treasury and the Senate Estimates Committee during the consultation process for the Bills.

Who we are consulting

  • Profession associations
  • Industry representatives
  • Property Council of Australia
  • Public Sector Pension Investment Board
  • Ashurst
  • Mirvac
  • Urban Development Institute
  • Other key stakeholders

Consultation lead

Blake Sly, Public Groups
Blake.Sly@ato.gov.au

[202517] Credit unions: arrangements designed to improperly obtain item 16 reduced input tax credits

Registered

October 2025

Expected completion of consultation

May 2026

Consultation status

Targeted consultation is underway.

Consultation purpose

To seek comments from the industry body representing credit unions and domestic banks as to high-risk arrangements which are designed to improperly claim item 16, reduced input tax credits (RITCs).

Description

The taxpayer alert or potential ATO web guidance aims to address the observed risk that some credit unions are using contrived, artificial arrangements or avoidance schemes to claim a 75% RITCs under item 16 of subsection 70-5.02(1) of the GST Regulations. The RITCs are claimed in respect of acquisitions that are made through an interposed entity (procurement company) owned by 2 or more credit unions.

The arrangements typically involve a procurement company, wholly owned by 2 or more credit unions, which is interposed between a credit union and a third-party supplier. The arrangements typically involve:

  • the procurement company entering into an arrangement for the acquisition of goods and services as the recipient of the supply
  • the procurement company on-suppling the same goods and services to the credit union
  • the credit union treating the on-supplied acquisitions as reduced credit acquisitions and claiming RITCs under item 16.

The target audience is limited to the credit union industry which currently has under 30 participants.

The PAG is intended to apply to all tax periods retrospectively where there are currently contrived or artificial arrangements in place as well as to discourage future behaviours.

Who we are consulting

  • Industry representatives
  • Customer Owned Banking Association
  • Australian Banking Association

Consultation lead

Alice Hu, Frontline Risk and Strategy
Alice.Hu@ato.gov.au

[202510] Small business future tax administration

Registered

May 2025

Expected completion of consultation

June 2026

Consultation status

Consultation is underway.

Consultation purpose

To identify, co-design, test and deliver contemporary digital solutions that will support progress towards a future digitalised tax experience for small businesses.

Description

The ATO has a significant program of work underway to help small businesses get their tax right.

Central to this program of work is the creation of a digital tax experience where small businesses have access to digital tools, services and resources. We are progressing exploration of administrative initiatives to inform, test and evidence opportunities within a digitalised tax experience for small businesses. This is a key focus area of our 2024–25 corporate plan.

Stakeholder engagement is required to support co-design, development and implementation of these initiatives. Consultation will assist us to deliver contemporary digital solutions to enable a digital tax experience for small business.

Who we are consulting

  • Professional associations
  • Industry representatives and experts
  • Stewardship groups
  • Digital service providers
  • Small businesses
  • Financial institutions

Consultation lead

Alastair Ramsay, Regulatory Reform
Alastair.Ramsay@ato.gov.au

[202404] Modernising PAYG instalment systems for small businesses with business accounting software

Registered

February 2024

Expected completion of consultation

April 2026

Consultation status

Consultation is underway.

Consultation purpose

To explore opportunities to help small businesses calculate their pay as you go (PAYG) instalments based on current financial performance extracted from business accounting software.

Description

The Modernisation of PAYG instalment systems measure was announced by the government in March 2022 in the Budget 2022–23 (PDF 3.8MB)External Link. Under the measure, companies can choose to have their PAYG instalments calculated based on current financial performance, extracted from business accounting software, with some tax adjustments. The intent is to improve alignment between PAYG instalment liabilities and profitability, and support companies in managing cash flows.

Small businesses can use software to manage their business operations and meet their tax obligations. The ATO is exploring how data within a small business’s natural digital accounting system could be leveraged to enable the calculation of PAYG instalments based on current financial performance, without the need for legislative change.

This is part of Improve small business tax performance, one of the key focus areas in the ATO corporate plan 2023–24. The ATO is collaborating with partners to build a digital-first tax ecosystem to enable seamless tax reporting from business source systems.

Who we are consulting

  • Tax professional associations
  • Digital service providers
  • Financial technology providers
  • Tax and BAS agents
  • Small businesses

Consultation lead

Ian Colhoun, Policy, Analysis & Legislation
Ian.Colhoun@ato.gov.au

QC54486