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Advice under development – international issues

We are developing advice and guidance on the following international issues.

Last updated 2 July 2024

[4116] Thin capitalisation [updated]

Title

Multinational Tax Integrity – strengthening Australia’s interest limitation (thin capitalisation) rules

Purpose

On 8 April 2024, the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share-Integrity and Transparency) Act 2024 (the Act) received Royal Assent.

The ATO is proposing to provide guidance setting out the Commissioner’s views on, and approach to, key aspects of the new thin capitalisation and debt deduction creation rules contained in Schedule 2 of the Act.

Consultation on potential guidance topics, prioritisation and form closed on 30 April 2024. On 10 May 2024, we published a summary of PAG topics, outlining topics raised by stakeholders and how these will be prioritised.

The high-priority topics we intend to resource immediately are:

  • restructures in response to the new law
  • third-party debt test – key concepts, and
  • interaction of transfer pricing and the new thin capitalisation rules.

We continue to engage with stakeholders on the high-priority topics to develop specific public advice and guidance products. We encourage stakeholders to provide specific, practical examples that clearly demonstrate issues raised, including reference to the relevant provisions and analysis of their potential application.

Expected completion date

Consultation on potential guidance topics, prioritisation and form closed on 30 April 2024.

The expected completion date of publication of proposed public advice and guidance will be determined thereafter.

Contact

Stephen Dodshon, Public Groups

Stephen.Dodshon@ato.gov.au

Erin Gordon, Office of the Chief Tax Counsel

Erin.Gordon@ato.gov.au

For more information, see Consultation matter [202401].

Title

Web guidance

Thin capitalisation guide

Purpose

On 8 April 2024, the Act received Royal Assent. Schedule 2 of the Act amends the Income Tax Assessment Act 1936, the Income Tax Assessment Act 1997 and the Taxation Administration Act 1953 to update Australia’s thin capitalisation rules.

We are updating the Thin capitalisation guide on ato.gov.au to reflect these amendments. New content will be incorporated to address changes to entity classification and the introduction of 3 new thin capitalisation tests.

Expected completion date

July 2024.

Contact

Nick Trotman, Public Groups

Nick.Trotman@ato.gov.au

[4144] Inbound related-party financing for private groups in the property and construction industry [updated]

Title

Web guidance

Inbound related-party financing for private groups in the property and construction industry

Purpose

This guidance will help privately owned and wealthy groups in the property and construction industry comply with their obligations and mitigate tax risks associated with their inbound related-party financing arrangements. It will be accompanied by examples of inbound related-party financing arrangements on the ATO Legal database.

Expected completion date

August 2024.

Comments

We will be consulting with external stakeholders and industry groups to seek feedback on the proposed guidance and examples.

Contact

Lynette Purcell, Private Wealth International Program

Phone: (08) 9268 6091

Lynette.Purcell@ato.gov.au

For more information, see Consultation matter [202408].

 

[4149] OECD hybrid mismatch rules

Title

Final Taxation Determination

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

Purpose

The final Determination will set out the Commissioner’s view on certain aspects of the ‘liable entity’ and ‘hybrid payer’ definitions in Division 832 of the Income Tax Assessment Act 1997.

Comments

Draft Taxation Determination TD 2024/D1 Income tax: hybrid mismatch rules − application of certain aspects of the ‘liable entity’ and ‘hybrid payer’ definitions published on 13 March 2024. Comments period closed 19 April 2024.

Expected completion date

July 2024.

Contact

Hybridmismatches@ato.gov.au

QC50317