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ATO consultation report

Monthly report on ATO consultation activities.

Last updated 6 March 2025

About the ATO consultation report

This report describes ATO consultation activities in February 2025.

It contains:

Consultation matters

Statistics

Consultation matters received

2

Consultation matters completed

2

Matters under consultation

9

Advice and guidance products released for comment

3

Legislative instruments released for comment

4

Consultation matters received

[202506] Build to rent development tax incentives

[202505] Ordinary time earnings guidance review

Consultation matters completed

[202502] Changes to legacy retirement products

[202501] Understanding digital service needs for tax professionals

Advice and guidance products released for comment

Draft Taxation Determination

TD 2025/D1 Income tax: application of Part IVA of the Income Tax Assessment Act 1936 to certain early stage innovation company investment arrangements

Decision Impact Statements

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

Mandalinic v Stone (Liquidator) [2023] FCAFC 146

Legislative instruments released for comment

Draft Legislative Instruments

Taxation Laws (Requirement to Lodge a Return for the 2025 Year) Instrument 2025

Income Tax Assessment (Requirement for Parents Liable for or Entitled to Child Support to Lodge a Return for the 2025 Year) Instrument 2025

Draft Explanatory Statements

Taxation Laws (Requirement to Lodge a Return for the 2025 Year) Instrument 2025

Income Tax Assessment (Requirement for Parents Liable for or Entitled to Child Support to Lodge a Return for the 2025 Year) Instrument 2025

See open consultation for products open for comment.

News

Stewardship group

The National Tax Liaison Group met out of session to discuss the Tax Agent Services Act 2009 and confidential consultation.

The Private Groups Stewardship Group met out of session to discuss family trust and interposed entity elections, including:

  • compliance and administrative challenges arising from making family trust and interposed entity elections
  • significant impacts that can arise where making distributions outside of a family group
  • how elections, when irrevocable, may create challenges now and in the future
  • whether there are any common interpretive issues.

 

QC43732