[202330] Better Targeted Superannuation Concessions
[202329] Capital raised for the purpose of funding franked distributions
[202328] Mapping the veteran experience
[202327] National Tax Clinic open competitive grant program
[202326] Tax deductions - trustee risk reserves
[202325] Transition of SBR1 payment summary services
[202324] Partnership tax returns and distribution statements
[202323] Division 7A guidance within software
[202320] Modernisation of Trust Administration Systems
[202318] Online services for agents communication preferences
[202317] Super Health Check Phase 2 – taking greater control of your superannuation
[202316] Increasing the payment frequency of superannuation guarantee
[202314] Right time tax payments and reporting
[202313] Preventing errors and mistakes through small business software
[202312] Capital management advice and guidance
[202311] Effective life determinations process
[202310] Information repository for digital service providers
[202309] Tax treatment of crypto assets
[202308] Tax consequences on sales of small scale land subdivisions
[202307] Implementation of a global minimum tax and domestic minimum tax
[202304] Legacy payment system – cheques
[202303] Tax deductions – fees paid for financial advice
[202302] 2023 Digital Services Gateway APIs
[202301] User research – outstanding lodgment and/or payment obligations advice to agents
Consultation purpose |
To seek feedback on public advice and guidance priorities for the Better Targeted Superannuation Concessions measure. |
---|---|
Description |
On 28 February 2023, the Australian Government announced it would reduce the superannuation tax concessions available to individuals whose total superannuation balance exceeds $3 million. The changes will apply from 1 July 2025 onwards. This means individuals with a total super balance over $3 million at the end of the 2025–26 financial year will be subject to a tax of 15% on earnings attributed to the balance that exceeds $3 million (Division 296 Tax). The Treasury Laws Amendment (Better Targeted Superannuation Concessions and Other Measures) Bill 2023 and the Superannuation (Better Targeted Superannuation Concessions) Imposition Bill 2023 were introduced to Parliament on 30 November 2023. The ATO is seeking feedback on whether there are priority issues where public advice and guidance is needed to help superannuation industry stakeholders understand how the new law applies to their circumstances. |
Who we consulted |
|
Outcome of consultation |
Feedback was invaluable in helping the ATO shape how we approach our public advice and guidance for this measure, both formal and informal. Feedback considered:
In relation to formal public advice and guidance products, the following priorities were identified:
The Advice under development program will be updated in due course as public advice and guidance plans are finalised. |
Consultation lead |
Kerry Lake, Superannuation and Employer Obligations |
Consultation purpose |
To seek feedback on public advice and guidance needs for the new integrity measure addressing franked distributions funded by capital raisings. |
---|---|
Description |
A new integrity measure that prevents certain distributions funded by capital raising from being frankable was recently enacted through amendments contained in the Treasury Laws Amendment (2023 Measures No. 1) Act 2023. The ATO is seeking feedback on whether there are priority issues where public advice and guidance is needed to help entities understand how the new law addressing franked distributions funded by capital raising applies to their circumstances. |
Who we consulted |
|
Outcome of consultation |
The feedback received provided perspective on the key issues that stakeholders view as a priority for guidance in relation to the new integrity measure. We will use the insights received in determining the appropriate public advice and guidance. |
Post consultation update |
The insights provided during the consultation have been considered and incorporated in the development of a Practical Compliance Guideline (PCG). Refer to the Advice under development program for further information on the PCG. |
Consultation lead |
Virginia Gogan, Public Groups |
Consultation purpose |
To understand the experience of veterans in receipt of military invalidity superannuation as they interact with the ATO. |
---|---|
Description |
The work to understand the veteran experience takes place in a context defined by 2 significant events, the Federal Court decision in Commissioner of Taxation v Douglas [2020] FCAFC 220 (the Douglas decision) and the ongoing Royal Commission into Defence and Veteran Suicide. The Douglas decision impacted the tax treatment of invalidity pensions paid to military veterans by the Commonwealth Superannuation Corporation under the Military Superannuation and Benefits Scheme and Defence Force Retirement and Death Benefits Scheme. The case determined the income should be treated as a series of superannuation lump sum payments instead of a superannuation income stream. The treatment as a superannuation lump sum payment usually has a greater tax concession, however not for all. The government legislated a tax offset (Veteran Superannuation Tax offset) to ensure veterans were not worse off with this change. |
Who we consulted |
|
Outcome of consultation |
Feedback provided valuable insights into the experience of veterans dealing with the ATO and highlighted potential areas for improvement. These findings will guide future work to better shape the interactions of veterans with the ATO and contribute to our ongoing understanding how the ATO supports Australians experiencing vulnerability. |
Consultation lead |
Robert Thomson, Individuals and Intermediaries |
Consultation purpose |
To seek feedback to inform the development of the National Tax Clinic grant opportunity guidelines. |
---|---|
Description |
The National Tax Clinic program is a government-funded initiative that serves a dual purpose:
The program is supported by the ATO (as grants administrator), noting that tax clinics function independently from the ATO. Tax clinics are currently operated by 15 universities throughout Australia. In the 2023–24 Federal Budget, the Australian Government announced funding for 5 new tax clinics from 1 January 2025, with at least 2 clinics to be delivered by TAFEs. The expansion of the program to TAFEs, which have a strong presence in regional areas, will assist small businesses who do not currently have easy access to professional tax assistance. The ATO will conduct an open competitive grant process and is seeking stakeholder feedback to inform the development of the grant opportunity guidelines. |
Who we consulted |
|
Outcome of consultation |
Feedback has been used to develop the National Tax Clinic Expansion Open Competitive Opportunity Guidelines. |
Post consultation update |
Feedback has been incorporated to support planning for the program evaluation (2027 Comprehensive Review). |
Consultation lead |
Maryam Awan, Objections and Review |
Consultation purpose |
To seek feedback on the proposed draft taxation determination from industry representatives prior to the publication of the draft for public consultation. |
---|---|
Description |
The ATO is developing a taxation determination on the deductibility of expenses incurred by superannuation funds in establishing and maintaining a trustee risk reserve. Section 56 of the Superannuation Industry (Supervision) Act 1993 was amended effective from 1 January 2022, such that any provision in the governing rules of a superannuation entity (fund) is void in so far as it would have the effect of exempting a trustee of the entity from or indemnifying a trustee of the entity in respect of, certain penalties. Impacted funds and their trustees have taken different approaches to address the risk of exposure to penalties arising from the amendments, including making payments to establish or build a trustee risk reserve. The taxation determination will set out the Commissioner of Taxation’s views on the deductibility of these payments under section 8-1 of the Income Tax Assessment Act 1997. |
Who we consulted |
|
Outcome of consultation |
Targeted consultation resulted in updated wording within the draft taxation determination (TD) to clarify that the TD addresses the payments made by the fund trustee, in its capacity as trustee, to the trustee in its own capacity. |
Post consultation update |
After considering public comments on the draft TD published in December, on 24 July 2024 we published our confirmed view on the general deductibility of payments made by a super fund to its trustee. See Taxation Determination TD 2024/6 Income tax: trustee risk reserves – deductibility of payments made by a superannuation fund to its trustee. There are no substantial changes to the Commissioner’s view expressed in the draft Determination. |
Consultation lead |
Ernest Lui, Public Groups |
Consultation purpose |
To explore the options available to digital service providers to replace the Standard Business Reporting Platform 1 (SBR1) payment summary service. |
---|---|
Description |
As part of the ATO rationalising its platform investment, the SBR1 channel will be decommissioned. A limited number of digital service providers are still using the payment summary service on SBR1. Digital service providers using the SBR1 payment summary service will need to transition to a new or current lodgment channel. |
Who we consulted |
|
Outcome of consultation |
Feedback received from the consultation will inform and guide the future decommissioning of the SBR1 payment summary service. It will also guide the development of alternative lodgment channels, ensuring a smooth transition for all stakeholders. |
Consultation lead |
Karen Spicer, Enterprise Solutions and Technology |
Consultation purpose |
To seek feedback on the partnership tax return product and understand the potential impacts of changes to the partnership tax return lodgment process. |
---|---|
Description |
The ATO is consulting to gain a better understanding of the current user experience for the partnership tax return including distribution statements, user behaviours, and how the product could be improved. |
Who we consulted |
|
Outcome of consultation |
Feedback provided valuable understanding of how partnerships and their agents interact with the partnership tax return, and how digital service providers build this service in software. These insights will be considered in the scoping and design of potential enhancements to the service. |
Consultation lead |
Angela Hucker, Private Wealth |
Consultation purpose |
To seek insights from digital service providers to inform the design of Division 7A guidance within software products. |
---|---|
Description |
Small business can use software to manage their business operations and tax and superannuation obligations. Division 7A is contained in the Income Tax Assessment Act 1936 and is a complex area of the tax law. Statistically, Division 7A represents a significant part of the tax gap and is an out of tolerance risk. The ATO has observed a general lack of awareness and understanding of Division 7A by small businesses and their registered tax agents which contributes to this risk. Digital service providers build software that supports business in maintaining daily operations while meeting tax and superannuation obligations. Guidance prompts and nudges could be embedded within software products at different touchpoints during a typical Division 7A lifecycle. These prompts would seek to raise awareness of potential Division 7A risks and issues as they arise. Guidance would help small businesses and their registered tax agents take corrective action. Consultation with digital service providers will ensure Division 7A guidance within software products is viable and adds value for clients whilst also achieving ATO objectives. |
Who we consulted |
|
Outcome of consultation |
Consultation provided insights into potential challenges in embedding guidance in software for complex legislation and policy. These insights also enabled us to consider how Division 7A actions can be looked at from the perspective of responding to market developments and the integration of our existing Division 7A strategies into current market offerings. This information will assist us to understand next steps not just for Division 7A but other topics and how they might be embedded into software in a future digitalised tax experience. |
Consultation lead |
Michael Morton, Small Business |
Consultation purpose |
To obtain feedback on the trust and beneficiary income tax return changes scheduled to be introduced for Tax Time 2024 and affirm tax agent support. |
---|---|
Description |
The Modernisation of Trust Administration Systems (MTAS) project is an ATO wide strategy to improve the quality, accuracy and integrity of annual income tax return information reported by trustees and beneficiaries. The project will deliver improvements to the:
|
Who we consulted |
|
Outcome of consultation |
Feedback from the consultation sessions, where appropriate, has been incorporated into:
|
Consultation lead |
Nicholas Bell, Private Wealth |
Consultation purpose |
To request feedback and intelligence from tax professionals on their current use of the client communication preference function within Online services for agents. |
---|---|
Description |
We are consulting to gain a better understanding of:
|
Who we consulted |
|
Outcome of consultation |
Feedback received indicated that tax and BAS agents:
Feedback will be considered for future enhancement of these services. |
Consultation lead |
Henry Baxter, Strategy and Support |
Consultation purpose |
To explore and gather insights into the challenges individuals face within the superannuation system. To then develop suitable products to assist individuals have greater control of their superannuation, according to their life stage and circumstances. |
---|---|
Description |
The needs and attitudes of individuals changes throughout their life. In addition, the system is complex and difficult to navigate. The ATO is keen to better understand individual requirements in relation to their super. |
Who we consulted |
|
Outcome of consultation |
Feedback provided valuable insights and suggestions for potential improvements and opportunities to the way we support individuals with their superannuation. |
Consultation lead |
Justin Heinemann, Superannuation and Employer Obligations |
Consultation purpose |
To explore options for administering the government’s Securing Australians’ Superannuation Package. |
---|---|
Description |
Increasing the payment frequency of superannuation guarantee (SG) is part of the Securing Australians’ Superannuation Package measure that was announced by the government in May 2023 in the 2023–24 Budget (PDF 2.4MB)This link will download a file. Currently, employers are only required to pay their employees’ SG on a quarterly basis. From 1 July 2026, employers will be required to pay their employees’ SG entitlements on the same day that they pay salary and wages. Increasing the payment frequency of superannuation to align with the payment of salary and wages, will: ensure employees have greater visibility over whether their entitlements have been paid better enable the ATO to recover unpaid superannuation. Treasury issued the Securing Australians’ superannuation External Linkpaper in October 2023. Submissions closed on 3 November 2023. |
Who we consulted |
|
Outcome of consultation |
Information received throughout consultation informed the Government’s options for implementing Payday Super. On 18 September 2024, the Government announced the next steps in implementing Payday superannuation. As a result of the announcement, we have established the Payday Super Working Group to continue the consultation process on implementation of the announced policy. Key messages from the Payday Super Working Group will be shared on ato.gov.au |
Consultation lead |
Caryn Kaluzinski, Superannuation and Employer Obligations |
Consultation purpose |
To understand the costs and benefits that ‘right time’ tax payments and reporting might have on small business. |
---|---|
Description |
Understanding the costs and benefits of ‘right time’ (reducing the time between taxable events, their reporting and any payment) tax payments and reporting is part of Improve small business tax performance and participation by collaborating with partners to build a digital first tax ecosystem, enabling seamless tax reporting from business source systems – one of the key focus areas in the ATO corporate plan 2023–24. The ATO is exploring the cost and benefits of ‘right time’ (more regular) GST or pay-as-you-go withholding (PAYGW) reporting and/or payments, through the following pilots:
|
Who we consulted |
|
Outcome of consultation |
Consultation identified several opportunities to improve the small business experience and provided valuable insights into reporting and payment naturally aligning to business systems and processes. Insights are being used to influence the design and implementation of various marketing, communications and educational content focused on helping small business get it right from the start. Some of the opportunities identified have law implications and are being analysed as part of our advocacy work to determine which are suitable for escalating to Treasury for their consideration. |
Consultation lead |
Michael Morton, Small Business |
Consultation purpose |
To explore opportunities to prevent errors and mistakes through software that small businesses use. |
---|---|
Description |
Small business can use software to manage their business operations and tax obligations. The ATO is currently exploring how messaging and prompts could be embedded into software to assist tax professionals and small businesses identify issues that may otherwise be overlooked or not properly understood and help them get their tax right prior to lodgment. This will include:
This is part of the Improve small business tax performance initiative. The ATO is collaborating with partners to build a digital first tax ecosystem, enabling seamless tax reporting from business source systems – one of the key focus areas in the ATO corporate plan 2023–24. |
Who we consulted |
|
Outcome of consultation |
Feedback has helped the ATO to identify and better understand:
The insights captured will guide future programs and the development of our blueprint on digitalising a future digital tax experience for small business. |
Consultation lead |
Michael Morton, Small Business |
Consultation purpose |
To seek feedback on public advice and guidance needs for publicly listed and multinational businesses undertaking certain capital management activities. |
---|---|
Description |
Capital management is an important consideration for publicly listed and multinational businesses. The ATO receives a significant volume of applications for binding advice through the rulings system on the consequences of specific capital management transactions by publicly listed and multinational businesses who are considering potential capital management activities on similar fact patterns. Applications for rulings are typically on the tax consequences of:
We are reviewing whether our existing advice and guidance needs to be updated or if new advice or guidance needs to be developed. Appropriately designed public advice and guidance products will lead to higher levels of certainty and greater efficiencies for taxpayers, advisers and the ATO through both decreased demand for one-to-one rulings and more efficient ruling processes where they are still required. |
Who we consulted |
|
Outcome of consultation |
Feedback has informed the ATO’s understanding of how public groups and multinational enterprises engage with the ruling system when they undertake certain capital management activities. These insights will be considered in scoping potential improvements to our public advice and guidance with respect to capital management transactions. |
Consultation lead |
Scott Woods, Public Groups |
Consultation purpose |
To seek feedback on proposed updates to the effective life determinations process. |
---|---|
Description |
We have previously published a new effective life determination for certain depreciating assets each year. The determination is also published annually in a new taxation ruling (effective life ruling) – see Taxation Ruling TR 2022/1 Income tax: effective life of depreciating assets (applicable from 1 July 2022). We are looking to improve the experience for both taxpayers and ATO staff, where the resources required align with the community need for effective life determinations. The updates to the process we are considering include:
|
Who we consulted |
|
Outcome of consultation |
No feedback was received. The ATO will publish effective life ruling content on ato.gov.au and phase out the annual effective life review process, instead making determinations as required. More information on how determinations will be made will be published on ato.gov.au and promoted through social media and our usual communication channels. |
Consultation lead |
Sean Bielanowski, Public Groups and International |
Consultation purpose |
To seek feedback on proposed enhancements to the information repository for digital service providers (DSPs). |
---|---|
Description |
In 2019, the ATO established an information repository for DSPs in Online services for DSPs to provide:
The ATO is exploring opportunities to improve the user experience. |
Who we consulted |
Digital service providers |
Outcome of consultation |
Feedback received was incorporated into the design, layout and navigation of the new Online services for DSPs hub. The Knowledge Base and Collaboration Hub have been combined into the new DSPs hub, and the improved navigation is organised by function. |
Consultation lead |
Chanara Fraser, Enterprise Solutions and Technology |
Consultation purpose |
To seek feedback on proposed updates to web guidance. |
---|---|
Description |
Crypto assets have been identified as a significant and emerging trend. The rapid rise of crypto assets has resulted in a variety of issues in relation to their tax treatment. We are updating guidance on ato.gov.au to provide greater certainty to taxpayers and support their compliance with tax obligations. |
Who we consulted |
|
Outcome of consultation |
Consultation provided valuable feedback which is being considered for incorporation into the updated web guidance. |
Consultation lead |
Klarence Lim, Individuals and Intermediaries |
Consultation purpose |
To seek feedback on proposed additional Tax consequences on sale of small-scale land subdivisions examples. |
---|---|
Description |
The ATO is seeking to expand on the recently published Tax consequences on sale of small scale land subdivisions. Two examples are provided in the existing content, but we are expanding with the addition of 2 more. The additional examples conclude the sale is not part of an isolated profit-making transaction. These will further inform taxpayers and tax advisers on how the ATO generally interprets the distinction between capital and revenue. These examples will continue to apply the principles from Taxation Ruling TR 92/3 Income tax: whether profits on isolated transactions are income and Miscellaneous Taxation Ruling MT 2006/1 The New Tax System: the meaning of entity carrying on an enterprise for the purposes of entitlement to an Australian Business Number. |
Who we consulted |
|
Outcome of consultation |
Consultation provided valuable feedback which will be considered in finalisation of the examples and in any future enhancements to content on ato.gov.au |
Consultation lead |
Ashley Warner, Private Wealth |
Consultation purpose |
To seek feedback on administrative, compliance and systems impacts with the Implementation of a global minimum tax and a domestic minimum tax measure. |
---|---|
Description |
The Implementation of a global minimum tax and a domestic minimum tax measure was announced by the government in May 2023 in the Budget 2023–24 (PDF 2.4MB)This link will download a file. The government will implement key aspects of Pillar Two of the OECD/G20 Two-Pillar Solution to address the tax challenges arising from digitalisation of the economy:
On 21 March 2024, Treasury released the exposure draft materials to implement a global and domestic minimum tax. Treasury is seeking stakeholders’ views on:
Comments can be submitted to Treasury until 16 April 2024 on the primary legislationExternal Link and discussion paper and until 16 May 2024 on the subordinate legislationExternal Link. |
Who we consulted |
|
Outcome of consultation |
The overarching theme from the initial phase of consultations with the market highlighted:
Stakeholders raised a variety of topics about the ATO's administration and interpretation of the GloBE Rules, when enacted, including potential application of penalties, safe harbours, and interpretation questions relating to potential Australian income tax regime interactions. Feedback will be considered in our implementation of the measure, including the development of potential future public advice and guidance products. |
Post consultation update |
We have established the Pillar Two Global and Domestic Minimum Tax Working Group for the next phase of consultation to seek feedback on the administrative aspects of the implementation of the measure. |
Consultation lead |
Adam Peel, International, Support and Programs |
Consultation purpose |
To seek insights into ways the ATO can reduce the number of outbound cheques being issued to clients with agents. |
---|---|
Description |
Traditionally, some government agencies have been significant users of cheque payments, but this is changing. Australian Government agencies have been taking steps to reduce payments by cheque, e.g. The Department of Human Services stopped issuing cheques for welfare payments through Centrelink in January 2016 and for the Medicare rebate and Pharmaceutical Benefits Scheme refund payments in July 2016. Despite a whole-of-government focus to reduce issuing cheques, the number of cheques being issued to taxpayers has not decreased as expected. We are seeking insights from tax agents to understand:
|
Who we consulted |
Tax agents |
Outcome of consultation |
Feedback provided understanding of opportunities to reduce the number of cheques being issued to clients through tax agents. |
Consultation lead |
Tina Markov, Client Account Services |
Consultation purpose |
To seek feedback on the proposed draft taxation determination prior to publication of the draft for public consultation. |
---|---|
Description |
The ATO is developing a taxation determination on deductions for fees paid for financial advice that will broaden and replace Taxation Determination TD 95/60 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? which was originally released in 1995 and last updated in 2012. The taxation determination will:
|
Who we consulted |
|
Outcome of consultation |
Feedback received is being considered for incorporation into the draft taxation determination. |
Consultation lead |
Danijela Jablanovic, Individuals and Intermediaries |
Consultation purpose |
To co-design Digital Services Gateway (DSG) features and Application Programming Interfaces (APIs). |
---|---|
Description |
The DSG was implemented in 2021 to enable lightweight APIs to support digital service providers deliver tax and superannuation services. |
Who we consulted |
Digital service providers |
Outcome of consultation |
Consultation is discontinued. The decision to discontinue this matter was made because relevant discussions on the development of DSG APIs occurred and were reported through ATO consultation groups. This ensured valuable insights and feedback were considered without duplicating efforts. |
Consultation lead |
Sonia Lark, Enterprise Solutions and Technology |
Consultation purpose |
To seek feedback on and gauge interest in the use of Online services for agents practice mail messages to advise outstanding client lodgment and/or payment obligations and necessary actions to be taken. |
---|---|
Description |
The ATO currently makes phone calls to tax agents for each client that has an outstanding lodgment and/or payment obligation, often leading to multiple calls to the same agent. The ATO is seeking feedback from participants who piloted receiving Online services for agents practice mail messages regarding outstanding lodgment and/or payment obligations. This digital interaction combines multiple clients with outstanding obligations in one message, in lieu of telephony contact for each client individually. The aim is to understand agents’ appetite for the use of this digital channel and identify any issues and/or opportunities with the process. |
Who we consulted |
Tax agents who have multiple clients with outstanding lodgment and/or payment obligations. |
Outcome of consultation |
Feedback confirmed the value of utilising digital platforms versus telephone interactions for managing outstanding debt and lodgment obligations, providing tax agents with an improved experience. |
Consultation lead |
George Tsangari, Lodge and Pay |