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ATO rulings and determinations

Autumn list of ATO rulings and determinations.

Last updated 4 March 2024

File ID

File Title

CR 2013/66 – Addendum

Fringe benefits tax: employers who use the Navman Wireless Australia telematics system for car log book records and for odometer records

CR 2022/107 – Erratum

Bardoc Gold Limited – demerger and scrip for scrip roll-over

CR 2023/20 – Addendum

Navman Wireless Australia Pty Limited – use of FTC Manager for fuel tax credits

CR 2023/46 – Erratum

MetalsTech Limited – return of capital by way of specie distribution

CR 2023/35

Tasmanian Irrigation Pty Ltd – water entitlements roll-over

CR 2023/36

YWCA Canberra – deductibility of donations under a payment direction deed

CR 2023/37

Sovereign Metals Limited – demerger of NGX Limited

CR 2023/38

Qantas Airways Limited – 2022/23 Qantas Manager Incentive Plan

CR 2023/39

Habitat for Humanity Australia – deductibility of donations under a payment direction deed

CR 2023/40

Pemby Pty Ltd – use of an electric bicycle by an employee

CR 2023/41

Norwest Energy NL – scrip for scrip roll-over

CR 2023/42

NatPark FBT Register report – use for calculating car parking benefits

CR 2023/43

Australian Unity Limited – employee share scheme – Employee Mutual Capital Instrument Program

CR 2023/44

Tulla Resources Plc – demerger and scrip for scrip roll-over

CR 2023/45

Western Australian Debating League Incorporated – payments to League Members

CR 2023/46

MetalsTech Limited – return of capital by way of in specie distribution

CR 2023/47

Blackmores Limited – scheme of arrangement and special dividend

CR 2023/48

Abacus Property Group de-stapling and re-stapling as Abacus Group and Abacus Storage King

CR 2023/49

Navman Wireless Australia Pty Limited – use of FTC Manager for fuel tax credits

CR 2023/50

Nuonic Pty Ltd – Prism software platform – vehicle activity measurement (kilometres and time) for fuel tax credit purposes

CR 2023/51

FAR Ltd – return of capital

CR 2023/52

Horizon Minerals Limited – distribution of shares in Richmond Vanadium Technology Limited

CR 2023/53

National Australia Bank Limited – NAB Capital Notes 7

CR 2023/54

EML Payment Solutions Limited – use of living expenses card facility

CR 2023/55

EML Payment Solutions Limited – employer clients' use of meals and entertainment card facility

CR 2023/56

Abacus Property Group – de-stapling and re-stapling as Abacus Group and Abacus Storage King – employee share scheme

CR 2023/57

Unity Bank Limited – Unity Capital Notes

CR 2023/58

Vanguard retail funds – exchange of units for units in Vanguard wholesale funds

CR 2023/59

Park AI Pty Ltd – ParkLog Report for calculating car parking benefits

CR 2023/60

Teletrip devices – car logbook and odometer records

CR 2023/61

Argo Investments Limited – dividend substitution share plan

CR 2023/62

Argo Global Listed Infrastructure Limited – dividend substitution share plan

CR 2023/63

Carbon Revolution Limited – employee share scheme – exchange of shares for Carbon Revolution plc shares

CR 2023/64

Sunland Group Limited – return of capital

CR 2023/65

Venus Metals Corporation Limited – in specie distribution of Rox Resources Limited shares

CR 2023/66

Judo Capital Holdings Limited – Judo Capital Notes

CR 2023/67

Two10degrees Pty Ltd – use of Global Alerting Platform In-Vehicle Management System for fuel tax credits

CR 2023/68

Thorn Group Limited – return of capital

CR 2023/69

Newcrest Mining Limited – employee share scheme – shares disposed of under scheme of arrangement

CR 2023/70

B&C Hospitality Holdings Pty Ltd – employee share scheme – reducing the minimum holding period

CR 2023/71

SILK Laser Australia Limited – scheme of arrangement and special dividend

CR 2023/72

St Barbara Limited – return of capital by in specie distribution of ordinary shares in Genesis Minerals Limited

ER 2012/1 – Addendum

Excise: the meaning of the expression 'manufactured or produced' for the purposes of the Excise Acts

LCR 2018/9 – Addendum

Housing affordability measures: contributing the proceeds of downsizing to superannuation

LCR 2023/D1 – Draft

The corporate collective investment vehicle regime

PR 2022/2 – Addendum

Tax consequences of investing in C2 Gateway Deferred Purchase Agreement

PR 2022/6 – Addendum

Tax consequences for a customer participating in CommBank Yello with the Commonwealth Bank of Australia

PR 2020/12A – Addendum

Income tax: taxation consequences for a customer entering into a Rural Products Prepayment Program with Elders Rural Services Australia Limited

PR 2021/4A – Addendum

Income tax: taxation consequences for a customer entering into an XLD Grain and Fertiliser Prepayment Program with XLD Commodities Pty Ltd

PR 2018/15 – Addendum

Income tax: taxation consequences for a Customer entering into a Prepay and Grow Agreement with Ruralco

PR 2019/3 – Addendum

Income tax: taxation consequences for a Customer entering into a Prepay Plus Agreement with Landmark

PR 2019/5 – Addendum

Income tax: taxation consequences of investing in the Westpac Protected Equity Loan

PR 2020/10 – Addendum

Income tax: taxation consequences of investing in CDIs over interests in the SPDR® S&P 500® ETF Trust – 2020

PR 2023/13 – Addendum

UBS Structured Option and Loan Facility

PR 2020/5 – Addendum

Income tax: UBS Structured Option and Loan Facility

PR 2023/4 – Addendum

Fuel tax: Navman Wireless Australia Pty Limited and FTC Manager – FTC Self Claim level clients

PR 2021/10 – Addendum

Income tax: Morgan Stanley Option and Loan Facility

PR 2022/7 – Addendum

Bell Equity Lever – instalment receipts

PR 2020/1 – Addendum

Income tax: tax consequences of investing in equities using Bell Geared Equities Investment (2019 Product Brochure)

PR 2020/2– Addendum

Income tax: taxation consequences of investing in C2 Gateway Deferred Purchase Agreement

PR 2019/5 – Addendum

Income tax: taxation consequences of investing in the Westpac Protected Equity Loan

PR 2022/11 – Withdrawal

Allianz Guaranteed Income for Life

PR 2023/10

Tax consequences for a borrower being charged an ‘Indexed Rate’ of interest under a home loan

PR 2023/11

Mortgage House Blended Plus Loan Facility

PR 2023/12

Challenger Guaranteed Annuity (Short Term)

PR 2023/13

UBS Structured Option and Loan Facility

PR 2023/14

National Australia Bank Tailored Equity Solutions Facility

PR 2023/15

Challenger Guaranteed Annuity (Floating Rate Fixed Term)

PR 2023/16

CHESS depositary interests over interests in the SPDR® S&P 500® ETF Trust

PR 2023/17

Fuel tax: Navman Wireless Australia Pty Limited and FTC Manager – FTC Self Claim level clients

PR 2023/18

Morgan Stanley Option and Loan Facility

PR 2023/19

Fringe benefits tax consequences for employers under an Origin electric vehicle subscription agreement

PR 2023/20

St. James’s Place International Investment Plan II

PR 2023/21

St. James’s Place International Investment Bond and International Investment Account

PR 2023/22

Swiss Life (Singapore) Pte. Ltd. Alpha Plus Variable Universal Life

PR 2023/23

Zurich Life Insurance (Hong Kong) Limited – Matterhorn life insurance policy

PR 2023/24

Allianz Guaranteed Income for Life

PR 2023/25

XLD Commodities  Pty Ltd – XLD Grain & Fertiliser Prepayment Program

PR 2023/26

Luxury Escapes Business Traveller Program

SMSFR 2009/1 – Addendum

Self Managed Superannuation Funds: business real property for the purposes of the Superannuation Industry (Supervision) Act 1993

SMSFR 2009/3 – Addendum

Self Managed Superannuation Funds: application of the Superannuation Industry (Supervision) Act 1993 to unpaid trust distributions payable to a Self Managed Superannuation Fund

SMSFR 2009/4 – Addendum

Self Managed Superannuation Funds: the meaning of 'asset', 'loan', 'investment in', 'lease' and 'lease arrangement' in the definition of an 'in-house asset' in the Superannuation Industry (Supervision) Act 1993

SMSFR 2010/1 – Addendum

Self Managed Superannuation Funds: the application of subsection 66(1) of the Superannuation Industry (Supervision) Act 1993 to the acquisition of an asset by a self managed superannuation fund from a related party

TR 98/9 – Withdrawal

Income tax: deductibility of self-education expenses incurred by an employee or a person in business

TR 92/8 – Withdrawal

Income tax: deductibility of self-education expenses

TR 2007/10 – Erratum

Income tax: the treatment of shipping and aircraft leasing profits of United States and United Kingdom enterprises under the deemed substantial equipment permanent establishment provision of the respective Taxation Conventions

TR 2013/D5 – Draft

Income tax: when a superannuation income stream commences and ceases

TR 2013/7 – Addendum

Income tax: foreign employment income: interpretation of subsection 23AG(1AA) of the Income Tax Assessment Act 1936

TR 2017/D1 – Withdrawal

Income tax: composite items and identifying the depreciating asset for the purposes of working out capital allowances

TR 2022/4 – Addendum

Income tax: section 100A reimbursement agreements

TR 2023/D1 – Draft

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

TR 2023/D2 – Draft

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

TR 2023/3

Income tax: expenses associated with holding vacant land

TR 2023/4

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

GSTD 2023/D1 – Draft

Goods and services tax: supplies of combination foods

LCTD 2023/1

Luxury car tax: how to determine the principal purpose of a vehicle

TD 95/60 – Withdrawal

Income tax: are fees paid for obtaining investment advice an allowable deduction under section 8-1 of the income Tax Assessment Act 1997 (ITAA 1997) for taxpayers who are not carrying on an investment business?

TD 2005/14 – Addendum

Income tax: does subsection 23AG(2) of the Income Tax Assessment Act 1936 apply where foreign earnings are exempt from tax in a foreign country for one or more of the reasons listed in that subsection and there is no additional reason for exempting that income?

TD 2005/15 – Addendum

Income tax: does subsection 23AG(2) of the Income Tax Assessment Act 1936 apply where foreign earnings are exempt from tax in the foreign country for a reason listed in that subsection as well as a reason not listed?

TD 2007/D10 – Withdrawal

Income tax: capital gains: capital gains tax consequences of earnout arrangements

TD 2017/19 – Withdrawal

Income tax: what are the reasonable travel and overtime meal allowance expense amounts for the 2017–18 income year?

TD 2018/10 – Withdrawal

Income tax: value of goods taken from stock for private use for the 2017–18 income year

TD 2023/D3 – Draft

Income tax: trustee risk reserves – deductibility of payments made by a superannuation fund to its trustee

TD 2023/D4 – Draft

Income tax: deductions for financial advice fees paid by individuals who are not carrying on a business

TD 2023/3 – Erratum

Income tax: what are the reasonable travel and overtime meal allowance expense amounts for the 2023–24 income year

TD 2023/5

Income tax: aggregated turnover and connected entities – Commissioner’s discretion that an entity does not 'control' another entity

TD 2023/6

Income tax: tax incentives for early stage investors: what is an 'expense' that is 'incurred' for the early stage test?

TD 2023/7

Income tax: value of goods taken from stock for private use for the 2023–24 income year

 


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