Taxation Ruling

TR 2008/List

Income tax and other taxes: Determinations, Rulings, notices of withdrawal, addendum and erratum issued in 2008

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Contents Para
What this Ruling is about
Ruling
Taxation Rulings and Determinations
Goods and Services Tax Rulings, Determinations and Bulletins
Luxury Car Tax Determinations
Self Managed Superannuation Funds Rulings and Determinations
Superannuation Guarantee Rulings and Determinations
Fuel Tax Rulings and Determinations
Wine Equalisation Tax Rulings
Miscellaneous Taxation Rulings
Class Rulings
Product Rulings
Old Series Rulings
Last Ruling

Preamble

This document is not a 'public ruling' in terms of the Taxation Administration Act 1953 and is not legally binding on the Commissioner. Taxation Ruling TR 2006/10 and Goods and Services Taxation Ruling GSTR 1999/1 explain when a Ruling is a public ruling and how it is binding on the Commissioner.

What this Ruling is about

Class of entities/scheme

1. This Ruling lists all draft and final Determinations and Rulings, as well as all notices of withdrawal, addendum and erratum to Determinations and Rulings, issued by the Commissioner of Taxation in the 2008 calendar year.

Ruling

2. This Ruling lists the documents that have issued during the 2008 calendar year divided by type and series and showing in relation to each action the number of the document, its title and the date the action took place.

Taxation Rulings and Determinations

3. During the 2008 calendar year the Commissioner of Taxation issued:

Draft Taxation Rulings

Ruling Title Issue date
TR 2008/D1 Income tax: tax consequences for a company of issuing shares for assets 16.01.08
TR 2008/D2 Petroleum resource rent tax and income tax: treatment of geosequestration expenditure and receipts 20.02.08
TR 2008/D3 Income tax: the taxation treatment of ship and aircraft leasing profits under the ships and aircraft articles of Australia's tax treaties 09.04.08
TR 2008/D4 Petroleum resource rent tax: application of Petroleum Resource Rent Tax Assessment Regulations 2005 to an integrated gas-to-liquid operation 07.05.08
TR 2008/D5 Income tax: meaning of 'Australian superannuation fund' in subsection 295-95(2) of the Income Tax Assessment Act 1997 04.06.08
TR 2008/D6 Income tax: genuine redundancy payments 27.08.08
TR 2008/D7 Petroleum resource rent tax: transfer of expenditure incurred in relation to a project that did not have a production licence to other taxable projects of the person or other group companies under sections 45A and 45B of the Petroleum Resource Rent Tax Assessment Act 1987 (PRRTAA) where the expenditure is taken to be incurred by the person under sections 48 and 48A of the PRRTAA 27.08.08
TR 2008/D8 Income tax: application of section 177EA of the Income Tax Assessment Act 1936 to non-share distributions on certain 'dollar value' convertible notes 17.12.08

Draft Taxation Rulings - notices of withdrawal

Ruling Title Issue date
TR 1999/D13 Income tax: advance payments made under swap agreements 09.04.08

Taxation Rulings

Ruling Title Issue date
TR 2008/1 Income tax: application of Part IVA of the Income Tax Assessment Act 1936 to 'wash sale' arrangements 16.01.08
TR 2008/2 Income tax: various income tax issues relating to the horse industry; including whether racing, training and breeding activities (carried out as stand alone activities or in combination) amount to the carrying on of a business 14.05.08
TR 2008/3 Income tax: debt/equity - identification of any 'effectively non-contingent obligation' of an issuer of a convertible note to provide 'financial benefits' for the purposes of Division 974 of the Income Tax Assessment Act 1997 if the note can be converted at any time at the issuer's discretion into shares that are equity interests in the issuer company 28.05.08
TR 2008/4 Income tax: effective life of depreciating assets (applicable from 1 July 2008) 25.06.08
TR 2008/5 Income tax: tax consequences for a company of issuing shares for assets or for services 27.08.08
TR 2008/6 Petroleum resource rent tax and income tax: treatment of geosequestration expenditure and receipts 27.08.08
TR 2008/7 Income tax: royalty withholding tax and the assignment of copyright 27.08.08
TR 2008/8 Income tax: the taxation treatment of ship and aircraft leasing profits under the ships and aircraft articles of Australia's tax treaties 22.10.08
TR 2008/9 Income tax: meaning of 'Australian superannuation fund' in subsection 295-95(2) of the Income Tax Assessment Act 1997 10.12.08
TR 2008/10 Petroleum resource rent tax: application of Petroleum Resource Rent Tax Assessment Regulations 2005 to an integrated gas-to-liquid operation 17.12.08

Taxation Rulings - notices of addendum

Ruling Title Issue date
TR 2002/13 Income tax: Australian films - Division 10B - tax avoidance schemes 25.06.08
TR 2003/4 Income tax: boat hire arrangements 29.10.08
TR 2001/14 Income tax: Division 35 - non-commercial business losses 12.11.08
TR 96/12 Income tax: objections against income tax assessments 17.12.08
TR 2007/11 Income tax: withholding tax and related implications for a non-resident head lessor or hire-purchase provider of substantial equipment where the equipment is obtained by another non-resident entity that subleases, subprovides or leases it for use in Australia 17.12.08

Taxation Rulings - notices of withdrawal

Ruling Title Issue date
TR 94/4 Income tax: tax shortfall penalties: reasonable care, recklessness and intentional disregard 14.05.08
TR 94/5 Income tax: tax shortfall penalties: reasonably arguable 14.05.08
TR 94/6 Income tax: tax shortfall penalties: voluntary disclosures 14.05.08
TR 2007/3 Income tax: effective life of depreciating assets (applicable from 1 July 2007) 25.06.08
TR 96/14 Income tax: traditional securities 30.07.08
TR 94/12 Income tax: approved early retirement scheme and bona fide redundancy payments 27.08.08
TR 2000/12 Income tax: deductible gift recipients - the gift fund requirement 26.11.08

Taxation Rulings - notices of erratum

Ruling Title Issue date
TR 2008/3 Income tax: debt/equity - identification of any 'effectively non-contingent obligation' of an issuer of a convertible note to provide 'financial benefits' for the purposes of Division 974 of the Income Tax Assessment Act 1997 if the note can be converted at any time at the issuer's discretion into shares that are equity interests in the issuer company 11.06.08
TR 2008/6 Petroleum resource rent tax and income tax: treatment of geosequestration expenditure and receipts 03.09.08

Draft Taxation Determinations

Ruling Title Issue date
TD 2008/D1 Income tax: can an Australian-formed unincorporated association of persons who do not carry on a business in common with a view to profit be a corporate limited partnership within the meaning of section 94D of the Income Tax Assessment Act 1936? 13.02.08
TD 2008/D2 Income tax: Division 7A of Part III of the Income Tax Assessment Act 1936 - what is the meaning of 'because' in the context of the expression 'because the entity has been such a shareholder or associate at some time' in relation to payments, loans and debt forgiveness with former shareholders of a private company? 27.02.08
TD 2008/D3 Income tax: where a taxpayer has supplied or acquired property under an international agreement and that gives rise to a debt interest or an equity interest as defined for the purposes of Division 974 of the Income Tax Assessment Act 1997, does Division 974 bear upon the characterisation to be adopted for the purposes of the application of Division 13 of Part III of the Income Tax Assessment Act 1936 to the transaction? 26.03.08
TD 2008/D4 Income tax: is a Deferred Purchase Agreement warrant, an investment product offered by financial institutions, a traditional security for the purposes of sections 26BB and 70B of the Income Tax Assessment Act 1936? 26.03.08
TD 2008/D5 Income tax: capital gains: does CGT event C2 happen as a result of the satisfaction of an investor's rights under a Deferred Purchase Agreement warrant, an investment product offered by financial institutions, by the delivery of the Delivery Assets? 26.03.08
TD 2008/D6 Income tax: is a taxpayer entitled to an income tax deduction under subsection 70B(2) of the Income Tax Assessment Act 1936 where a Stapled Security of the kind described in Taxpayer Alert TA 2008/1, is sold at a loss or upon the occurrence of an Assignment Event? 26.03.08
TD 2008/D7 Income tax: is an exceptional circumstances relief payment paid to a farmer under the Farm Household Support Act 1992 'assessable primary production income' under subsection 392-80(2) of the Income Tax Assessment Act 1997? 09.04.08
TD 2008/D8 Income tax: when is income tax of a private company a 'present legal obligation' for the purposes of the distributable surplus calculation under subsection 109Y(2) of Division 7A of Part III of the Income Tax Assessment Act 1936? 18.06.08
TD 2008/D9 Income tax: consolidation: capital gains: do the core consolidation rules in Division 701 of the Income Tax Assessment Act 1997 modify the effect of the CGT contract rules if an entity contracts to buy or sell a CGT asset and the contract settles after the entity becomes, or ceases to be, a member of a consolidated group? 25.06.08
TD 2008/D10 Income tax: consolidation: capital gains: for the purposes of Part 3-90 of the Income Tax Assessment Act 1997, is the CGT asset that an entity has contracted to buy from another taxpayer an asset of the entity at a time it joins or leaves a consolidated group, if the contract is not completed at that time? 25.06.08
TD 2008/D11 Income tax: consolidation: capital gains: for the purposes of Part 3-90 of the Income Tax Assessment Act 1997, is the CGT asset that an entity has contracted to sell to another taxpayer an asset of the entity at a time it joins or leaves a consolidated group, if the contract is not completed at that time? 25.06.08
TD 2008/D12 Income tax: is the deductibility of compound interest determined according to the same principles as the deductibility of other interest? 03.09.08
TD 2008/D13 Income tax: when is 'foreign income tax ... imposed ... on the partners, not the partnership' under paragraph 830-10(1)(b) of the Income Tax Assessment Act 1997 for the purpose of determining whether a foreign limited partnership is a foreign hybrid limited partnership under Division 830 of that Act? 24.09.08
TD 2008/D14 Income tax: does subsection 974-135(1) of the Income Tax Assessment Act 1997 only apply to a legally enforceable obligation? 01.10.08
TD 2008/D15 Income tax:
(a) are credits for United Kingdom interest withholding tax paid allowable under Article 22.1(a) of the 2003 United Kingdom Convention to an Australian resident financial institution which enters into an arrangement of the kind described in Taxpayer Alert TA 2007/3; and
(b) would the Commissioner consider the application of Part IVA of the Income Tax Assessment Act 1936 to the arrangement?
22.10.08
TD 2008/D16 Income tax: is interest on a loan fully deductible under section 8-1 of the Income Tax Assessment Act 1997 when the borrowed moneys are settled by the borrower on trust to benefit the borrower and others? 19.11.08
TD 2008/D17 Income tax: in accounting for a Dividend Re-investment Plan, can a company taint its share capital account for the purposes of Division 197 of the Income Tax Assessment Act 1997? 10.12.08
TD 2008/D18 Income tax: employee share schemes: for the purpose of subsection 139CD(6) of the Income Tax Assessment Act 1936, does a taxpayer become the holder of a beneficial interest in shares merely by acquiring a contractual right to obtain shares in a company (the particular, individual shares not being ascertained at the time)? 17.12.08
TD 2008/D19 Income tax: Division 7A: in exercising the discretion under subsection 109Y(2) of Division 7A of Part III of the Income Tax Assessment Act 1936 to substitute an appropriate value for a private company's assets, can the Commissioner take into account the value of the company's assets not shown in the company's accounting records? 17.12.08

Draft Taxation Determinations - notices of withdrawal

Ruling Title Issue date
TD 2007/D9 Income tax: is income tax of a private company properly payable for an income year, but unpaid at the end of that year, a 'present legal obligation' for the purposes of the distributable surplus calculation under subsection 109Y(2) of Division 7A of Part III of the Income Tax Assessment Act 1936? 18.06.08
TD 2005/D27 Income tax: consolidation: capital gains: do the core consolidation rules in Division 701 of the Income Tax Assessment Act 1997 modify the effect of the CGT contract rules if an entity contracts to sell or buy a CGT asset and the contract settles after the entity becomes, or ceases to be, a member of a consolidated group? 25.06.08
TD 2005/D17 Income tax: is an employee's deduction for the decline in value of a depreciating asset used for a taxable purpose affected by section 51AH of the Income Tax Assessment Act 1936, if they are subsequently reimbursed an amount for the cost of the asset by their employer? 9.07.08
TD 2007/D16 Income tax: can section 177EA of the Income Tax Assessment Act 1936 apply to the issue of 'dollar value' convertible notes of the type described in this Taxation Determination? 17.12.08

Taxation Determinations

Ruling Title Issue date
TD 2008/1 Income tax: if a private company provides trade credit to a shareholder (or their associate) on the usual terms it gives to parties at arm's length, will a failure by the shareholder (or their associate) to repay the amount within the agreed payment term prevent section 109M of the Income Tax Assessment Act 1936 from applying? 16.01.08
TD 2008/2 Fringe benefits tax: in determining whether a charitable institution is a rebatable employer for the purposes of paragraph 65J(1)(baa) of the Fringe Benefits Tax Assessment Act 1986, is the institution 'established by a law of the Commonwealth, a State or a Territory' under subsection 65J(3) of that Act because it is incorporated under either the Corporations Act 2001 or under a law of a State or Territory which relates to the incorporation of Associations? 26.03.08
TD 2008/3 Fringe benefits tax: for the purposes of Division 7 of Part III of the Fringe Benefits Tax Assessment Act 1986, what amount represents a reasonable food component of a living-away-from-home allowance for expatriate employees for the fringe benefits tax year commencing on 1 April 2008? 26.03.08
TD 2008/4 Fringe benefits tax: what are the rates to be applied on a cents per kilometre basis for calculating the taxable value of a fringe benefit arising from the private use of a motor vehicle other than a car for the fringe benefits tax year commencing on 1 April 2008? 26.03.08
TD 2008/5 Fringe benefits tax: for the purposes of section 28 of the Fringe Benefits Tax Assessment Act 1986 what are the indexation factors for valuing non-remote housing for the fringe benefits tax year commencing on 1 April 2008? 26.03.08
TD 2008/6 Fringe benefits tax: for the purposes of section 135C of the Fringe Benefits Tax Assessment Act 1986, what is the exemption threshold for the fringe benefits tax year commencing on 1 April 2008? 26.03.08
TD 2008/7 Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 2008? 2.04.08
TD 2008/8 Income tax: if a private company makes a loan to a shareholder or their associate in an income year and the loan has not been fully repaid, what elements of the loan agreement need to be in writing for the purposes of paragraph 109N(1)(a) of Division 7A of Part III of the Income Tax Assessment Act 1936? 30.04.08
TD 2008/9 Income tax: are amounts mistakenly paid as salary or wages to employees (or as income support payments or worker's compensation amounts to persons), to which they are not beneficially entitled, but are obliged to repay, 'ordinary income' under section 6-5 of the Income Tax Assessment Act 1997? 30.04.08
TD 2008/10 Fringe benefits tax: where an employer recognises they mistakenly paid to their employee an amount that the employee is not legally entitled to, but is obliged to repay, and afterwards allows the employee time to repay the amount, is there a 'loan benefit' under subsection 16(1) of the Fringe Benefits Tax Assessment Act 1986? 30.04.08
TD 2008/11 Fringe benefits tax: where an employer mistakenly pays to their employee an amount that the employee is not legally entitled to, but is obliged to repay, does the employer's subsequent waiver of that obligation constitute a 'debt waiver benefit' under section 14 of the Fringe Benefits Tax Assessment Act 1986? 30.04.08
TD 2008/12 Fringe benefits tax: for the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 what is the car parking threshold for the fringe benefits tax year commencing on 1 April 2008? 07.05.08
TD 2008/13 Income tax: capital gains: what is the improvement threshold for the 2008-09 income year under section 108-85 of the Income Tax Assessment Act 1997? 21.05.08
TD 2008/14 Income tax: Division 7A of Part III of the Income Tax Assessment Act 1936 - what is the meaning of 'because' in the context of the expression 'because the entity has been such a shareholder or associate at some time' in relation to payments, loans and debt forgiveness made by a private company to the entity? 28.05.08
TD 2008/15 Income tax: can an unincorporated association of persons acting only in Australia who do not carry on a business in common with a view to profit be a corporate limited partnership within the meaning of section 94D of the Income Tax Assessment Act 1936? 25.06.08
TD 2008/16 Income tax: is an exceptional circumstances relief payment paid to a farmer under the Farm Household Support Act 1992 'assessable primary production income' under subsection 392-80(2) of the Income Tax Assessment Act 1997? 25.06.08
TD 2008/17 Income tax: what is the car limit for the 2008-2009 financial year? 30.06.08
TD 2008/18 Income tax: what are the reasonable travel and overtime meal allowance expense amounts for 2008-2009? 02.07.08
TD 2008/19 Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2008 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used? 02.07.08
TD 2008/20 Income tax: where a taxpayer has supplied or acquired property under an international agreement and that gives rise to a debt interest or an equity interest as defined for the purposes of Division 974 of the Income Tax Assessment Act 1997, does Division 974 bear upon the characterisation to be adopted for the purposes of the application of Division 13 of Part III of the Income Tax Assessment Act 1936 to the transaction? 16.07.08
TD 2008/21 Income tax: is a Deferred Purchase Agreement warrant, an investment product offered by financial institutions, a traditional security for the purposes of sections 26BB and 70B of the Income Tax Assessment Act 1936? 30.07.08
TD 2008/22 Income tax: capital gains: does CGT event C2 happen as a result of the satisfaction of an investor's rights under a Deferred Purchase Agreement warrant, an investment product offered by financial institutions, by the delivery of the Delivery Assets? 30.07.08
TD 2008/23 Income tax: are the active assets of a partnership, in which a foreign company is a partner, active foreign business assets of the foreign company for the purposes of the capital gains tax participation exemption provisions contained in Subdivision 768-G of the Income Tax Assessment Act 1997? 13.08.08
TD 2008/24 Income tax: can section 23AJ of the Income Tax Assessment Act 1936 apply to a dividend when it is paid by a company (not being a Part X Australian resident) to an Australian resident company which receives it in its capacity as a partner in a partnership? 13.08.08
TD 2008/25 Income tax: can section 23AJ of the Income Tax Assessment Act 1936 apply to a dividend paid by a company (not being a Part X Australian resident) to the trustee of a trust, even where the trustee then pays an amount attributable to the dividend to an Australian resident company beneficiary? 13.08.08
TD 2008/26 Income tax: are bees kept for use in a honey production business trading stock as defined in section 70-10 of the Income Tax Assessment Act 1997? 19.11.08
TD 2008/27 Income tax: is the deductibility of compound interest determined according to the same principles as the deductibility of other interest? 03.12.08
TD 2008/28 Income tax: when is income tax of a private company a 'present legal obligation' for the purposes of the distributable surplus calculation under subsection 109Y(2) of Division 7A of Part III of the Income Tax Assessment Act 1936? 10.12.08
TD 2008/29 Income tax: consolidation: capital gains: do the core consolidation rules in Division 701 of the Income Tax Assessment Act 1997 modify the effect of the CGT contract rules if an entity contracts to buy or sell a CGT asset and the contract settles after the entity becomes, or ceases to be, a member of a consolidated group? 17.12.08
TD 2008/30 Income tax: consolidation: capital gains: for the purposes of Part 3-90 of the Income Tax Assessment Act 1997, is the CGT asset that an entity has contracted to buy from another taxpayer an asset of the entity at a time it joins or leaves a consolidated group, if the contract is not completed at that time? 17.12.08
TD 2008/31 Income tax: consolidation: capital gains: for the purposes of Part 3-90 of the Income Tax Assessment Act 1997, is the CGT asset that an entity has contracted to sell to another taxpayer an asset of the entity at a time it joins or leaves a consolidated group, if the contract is not completed at that time? 17.12.08
TD 2008/32 Income tax: value of goods taken from stock for private use for the 2008-09 income year 17.12.08

Taxation Determinations - notices of addendum

Ruling Title Issue date
TD 2003/28 Income tax: capital gains: does CGT event E4 in section 104-70 of the Income Tax Assessment Act 1997 happen if the trustee of a discretionary trust makes a non assessable payment to:
(a) a mere object; or
(b) a default beneficiary?
30.04.08
TD 93/86 Income tax: capital gains: are the totality of rights under a contract considered to be the one asset, or is each right considered to be a separate asset for CGT purposes? 14.05.08
TD 2002/20 Income tax: if an Australian film production company alters its method of charging for film production services supplied to a foreign associate to account for the impact of the tax offset scheme under Division 376 of the Income Tax Assessment Act 1997, will the Commissioner apply Division 13 of Part III of the Income Tax Assessment Act 1936 or the Associated Enterprises article of a relevant double tax agreement to increase the charge? 25.06.08
TD 2004/25 Income tax: do moneys used to acquire financial securities or which are otherwise set aside to fund a guaranteed return to investors satisfy the 'expended directly' requirement of Division 10BA of Part III of the Income Tax Assessment Act 1936? 25.06.08
TD 2006/2 Income tax: for the purpose of Division 376 of the Income Tax Assessment Act 1997, are some insurance premiums excluded from film production expenditure? 25.06.08
TD 2006/3 Income tax: to what extent are freight costs included in 'qualifying Australian production expenditure' within the meaning of section 376-40 of the Income Tax Assessment Act 1997? 25.06.08
TD 2006/63 Income tax: capital gains: is a CGT asset that is leased by a taxpayer to a connected entity for use in the connected entity's business an active asset under section 152-40 of the Income Tax Assessment Act 1997? 29.10.08
TD 2006/65 Income tax: capital gains: small business concessions: can a share in a company or an interest in a trust qualify as an active asset under subsection 152-40(3) of the Income Tax Assessment Act 1997 if the company or trust owns interests in another entity that satisfies the '80% test'? 29.10.08
TD 2006/71 Income tax: capital gains: small business concessions: is the part of a payment which is a small business 50% reduction amount a non-assessable part under CGT event E4 in section 104-70 of the Income Tax Assessment Act 1997? 29.10.08
TD 2006/63 Income tax: capital gains: is a CGT asset that is leased by a taxpayer to a connected entity for use in the connected entity's business an active asset under section 152-40 of the Income Tax Assessment Act 1997? 31.10.08
TD 2006/71 Income tax: capital gains: small business concessions: is the part of a payment which is a small business 50% reduction amount a non-assessable part under CGT event E4 in section 104-70 of the Income Tax Assessment Act 1997? 31.10.08

Taxation Determinations - notices of withdrawal

Ruling Title Issue date
TD 92/167 Income tax: where a 'non-employer sponsored superannuation fund' has paid tax on a member's contributions, what can that member do to have the tax recovered to his/her superannuation account if the member is not eligible to claim, or has chosen not to claim, a tax deduction for the contributions? 16.01.08
TD 93/224 Income tax: what is the approved form and manner of notices required by section 82AAT of the Income Tax Assessment Act 1936 (the ITAA) to be given to the trustees of a superannuation fund by taxpayers who wish to claim a deduction for their personal contributions to the fund? 16.01.08
TD 94/5 Income tax: can expenditure incurred on cosmetic surgery qualify as medical expenses for the purpose of section 159P and therefore qualify for a medical expenses rebate? 16.01.08
TD 96/36 Income tax: in what circumstances will an eligible termination payment (ETP) be accepted as having been 'immediately' paid to a roll-over fund for the purposes of subsection 27A(12) of the Income Tax Assessment Act 1936? 16.01.08
TD 94/6 Income tax: abnormal income of artists, sportspersons etc: can eligible taxable income be a negative amount for the purposes of Division 16A of Part III of the Income Tax Assessment Act 1936, so that a loss can be recognised from eligible activities and used to reduce average eligible taxable income? 27.02.08
TD 94/41 Income tax: is a taxpayer who jointly acquires and uses an item of eligible property for which a general investment allowance deduction is allowable, entitled to a portion of the deduction? 23.04.08
TD 94/59 Income tax: will a leasing company be entitled to claim the investment allowance if it has entered into a lease agreement with a lessee before 1 July 1994, and the lease agreement is treated as a purchase order between the leasing company and a supplier? 23.04.08
TD 93/77 Income tax: is interest paid by an Australian resident to a non-resident government savings bank exempt from withholding tax under paragraph 128B(3)(a) of the Income Tax Assessment Act 1936? 07.05.08
TD 94/37 Income tax: how does the receipt of a share of the net income or loss from a partnership affect the calculation of the rebate for personal superannuation contributions under section 159SZ of the Income Tax Assessment Act 1936? 07.05.08
TD 93/159 Income tax: if a purchase of depreciable plant comprises individual items costing $300 or less each or having an effective life of less than 3 years, can these individual items be depreciated at the rate of 100% in terms of subsection 55(2) of the Income Tax Assessment Act 1936? 21.05.08
TD 94/69 Income tax: if a person and his family die at the same time, and an eligible termination payment (ETP) is paid after the death of the person to the trustee of the estate of the person, could the deceased person's family be considered to benefit from the person's estate for the purpose of applying subsection 27A(4) of the Income Tax Assessment Act 1936? 28.05.08
TD 93/192 Income tax: does employment, for the purposes of subsection 27A(1), include time spent as a partner for the purpose of calculation of the eligible service period in relation to an eligible termination payment made in consequence of the termination of a person's employment? 16.07.08
TD 94/35 Income tax: during the course of a year of income, may the Commissioner of Taxation refund to an employer excess tax instalment deductions (TIDs) paid by the employer under the pay-as-you-earn (PAYE) arrangements, where the excess TIDs, mistakenly, were not made in accordance with the rates prescribed? 16.07.08
TD 94/85 Income tax: is a taxpayer entitled to a deduction under subsection 59(1) or any other section of the Income Tax Assessment Act 1936 when an item of plant is sold by an agent of the taxpayer and the proceeds of sale are misappropriated by the agent? 03.09.08
TD 35 Capital gains: what is meant by the term 'renewal of statutory licence' in section 160ZZPE? 15.10.08
TD 36 Capital gains: when is a renewal of a statutory licence 'wholly or principally attributable to' the taxpayer's ownership of the original licence? 15.10.08
TD 2006/69 Income tax: capital gains: small business concessions: must a taxpayer receive actual capital proceeds from a CGT event to qualify for the small business retirement exemption under Subdivision 152-D of the Income Tax Assessment Act 1997? 29.10.08
TD 2006/70 Income tax: capital gains: is a bank account or cash on hand included in the numerator of the '80% test' calculation in paragraph 152-40(3)(b) of the Income Tax Assessment Act 1997? 29.10.08
TD 34 Capital gains: what is meant by the term 'statutory licence' in section 160ZZPE? 19.11.08

Taxation Determinations - notices of erratum

Ruling Title Issue date
TD 2008/9 Income tax: are amounts mistakenly paid as salary or wages to employees (or as income support payments or worker's compensation amounts to persons), to which they are not beneficially entitled, but are obliged to repay, 'ordinary income' under section 6-5 of the Income Tax Assessment Act 1997? 14.05.08
TD 2008/22 Income tax: capital gains: does CGT event C2 happen as a result of the satisfaction of an investor's rights under a Deferred Purchase Agreement warrant, an investment product offered by financial institutions, by the delivery of the Delivery Assets? 17.09.08
TD 2008/23 Income tax: are the active assets of a partnership, in which a foreign company is a partner, active foreign business assets of the foreign company for the purposes of the capital gains tax participation exemption provisions contained in Subdivision 768-G of the Income Tax Assessment Act 1997? 10.09.08

Goods and Services Tax Rulings, Determinations and Bulletins

4. During the 2008 calendar year the Commissioner of Taxation issued:

Draft Goods and Services Tax Rulings

Ruling Title Issue date
GSTR 2008/D1 Goods and services tax: registered agricultural managed investment schemes 27.02.08
GSTR 2008/D2 Goods and services tax: general law partnerships and the margin scheme 11.06.08
GSTR 2008/D3 Goods and services tax: partitioning of land 25.06.08
GSTR 2008/D4 Goods and services tax: cancellation fees 29.10.08
GSTR 2008/D5 Goods and services tax: new residential premises and adjustments for changes in extent of creditable purpose 17.12.08

Goods and Services Tax Rulings

Ruling Title Issue date
GSTR 2008/1 Goods and services tax: when do you acquire anything or import goods solely or partly for a creditable purpose? 05.03.08
GSTR 2008/2 Goods and services tax: development lease arrangements with government agencies 07.05.08
GSTR 2008/3 Goods and services tax: dealings in real property by bare trusts 25.06.08

Goods and Services Tax Rulings - notices of draft addendum

Ruling Title Issue date
GSTR 2003/13 Goods and services tax: general law partnerships 11.06.08

Goods and Services Tax Rulings - notices of addendum

Ruling Title Issue date
GSTR 2001/7 Goods and services tax: meaning of annual turnover, including the effect of section 188-25 on projected annual turnover 20.02.08
GSTR 2002/2 Goods and services tax: GST treatment of financial supplies and related supplies and acquisitions 5.03.08
GSTR 2000/1 Goods and services tax: adjustment notes 2.04.08
GSTR 2000/37 Goods and services tax: agency relationships and the application of the law 2.04.08
GSTR 2002/3 Goods and services tax: prizes 18.06.08
GSTR 2003/9 Goods and services tax: financial acquisitions threshold 02.07.08
GSTR 2004/1 Goods and services tax: reduced credit acquisitions 02.07.08
GSTR 2005/6 Goods and services tax: the scope of subsection 38-190(3) and its application to supplies of things (other than goods or real property) made to non-residents that are GST-free under item 2 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999 02.07.08
GSTR 2000/17 Goods and services tax: tax invoices 06.08.08
GSTR 2003/9 Goods and services tax: financial acquisitions threshold 06.08.08
GSTR 2003/5 Goods and services tax: vouchers 10.09.08
GSTR 2008/3 Goods and services tax: dealings in real property by bare trusts 15.10.08
GSTR 2001/4 Goods and services tax: GST consequences of court orders and out-of-court settlements 12.11.08
GSTR 2003/3 Goods and services tax: when is a sale of real property a sale of new residential premises? 17.12.08

Goods and Services Tax Rulings - notices of partial withdrawal

Ruling Title Issue date
GSTR 2002/13 Goods and services tax: general law partnerships 11.06.08

Goods and Services Tax Rulings - notices of erratum

Ruling Title Issue date
GSTR 2001/7A Goods and services tax: meaning of GST turnover, including the effect of section 188-25 on projected GST turnover 27.02.08

Draft Goods and Services Tax Determinations

Ruling Title Issue date
GSTD 2008/D1 Goods and services tax: are supplies of food known as breakfast bars GST-free? 28.05.08
GSTR 2008/D2 Goods and services tax: is a supply by way of an in specie distribution of an asset that is applied or intended to be applied in an enterprise carried on by a discretionary trust to a beneficiary of the trust made 'in the course or furtherance of' the trust's enterprise? 25.06.08

Goods and Services Tax Determinations

Ruling Title Issue date
GSTD 2008/1 Goods and services tax: for taxable supplies or creditable acquisitions made by a member entity of a GST group, is the representative member of the GST group liable to pay GST and entitled to input tax credits if the GST or input tax credits are attributable to a tax period other than when the entity is a member of the GST group? 28.05.08
GSTD 2008/2 Goods and services tax: are supplies of food known as breakfast bars GST-free? 27.08.08

Goods and Services Tax Determinations - notices of addendum

Ruling Title Issue date
GSTD 2006/3 Goods and services tax: are settlement adjustments taken into account to determine the consideration for the supply or acquisition of real property? 16.04.08

Luxury Car Tax Determinations

5. During the 2008 calendar year the Commissioner of Taxation issued:

Luxury Car Tax Determinations

Ruling Title Issue date
LCTD 2008/1 Luxury car tax: what is the luxury car tax threshold for the 2008-2009 financial year? 30.06.08

Self Managed Superannuation Funds Rulings and Determinations

6. During the 2008 calendar year the Commissioner of Taxation issued:

Self Managed Superannuation Funds Rulings

Ruling Title Issue date
SMSFR 2008/1 Self Managed Superannuation Funds: giving financial assistance using the resources of a self managed superannuation fund to a member or relative of a member that is prohibited for the purposes of paragraph 65(1)(b) of the Superannuation Industry (Supervision) Act 1993 16.07.08
SMSFR 2008/2 Self Managed Superannuation Funds: the application of the sole purpose test in section 62 of the Superannuation Industry (Supervision) Act 1993 to the provision of benefits other than retirement, employment termination or death benefits 16.07.08

Draft Self Managed Superannuation Funds Rulings

Ruling Title Issue date
SMSFR 2008/D1 Self Managed Superannuation Funds: application of the Superannuation Industry (Supervision) Act 1993 to unpaid trust distributions payable to a Self Managed Superannuation Fund 19.03.08
SMSFR 2008/D2 Self Managed Superannuation Funds: the application of subsection 66(1) of the Superannuation Industry (Supervision) Act 1993 to contributions of assets to a self managed superannuation fund by a related party of that fund 2.04.08
SMSFR 2008/D3 Superannuation: business real property for the purposes of the Superannuation Industry (Supervision) Act 1993 30.04.08
SMSFR 2008/D4 Self Managed Superannuation Funds: the meaning of 'borrow money' or 'maintain an existing borrowing of money' for the purposes of section 67 of the Superannuation Industry (Supervision) Act 1993 17.09.08
SMSFR 2008/D5 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 5.11.08

Self Managed Superannuation Funds Determinations

Ruling Title Issue date
SMSFD 2008/1 Self Managed Superannuation Funds: how does the happening of an event in subregulation 13.22D(1) of the Superannuation Industry (Supervision) Regulations 1994 affect whether a self managed superannuation fund's investments in related companies or unit trusts are in-house assets of the fund? 20.02.08
SMSFD 2008/2 Self Managed Superannuation Funds: when calculating the market value ratio of in house assets for the purposes of section 75 of the Superannuation Industry (Supervision) Act 1993 is it permissible for a self managed superannuation fund to value its assets at historical cost (purchase price)? 16.04.08
SMSFD 2008/3 Self Managed Superannuation Funds: is there any restriction in the Superannuation Industry (Supervision) legislation on a self managed superannuation fund trustee accepting from a member a binding nomination of the recipients of any benefits payable in the event of the member's death? 17.12.08

Draft Self Managed Superannuation Funds Determinations

Ruling Title Issue date
SMSFD 2008/D1 Self Managed Superannuation Funds: is there any restriction in the Superannuation Industry (Supervision) Act 1993 on a fund trustee accepting from a member a binding nomination of the recipients of any benefits payable in the event of the member's death? 10.09.08

Superannuation Guarantee Rulings and Determinations

7. During the 2008 calendar year the Commissioner of Taxation issued:

Draft Superannuation Guarantee Rulings

Ruling Title Issue date
SGR 2008/D1 Superannuation guarantee: payments made to sportspersons 03.09.08
SGR 2008/D2 Superannuation guarantee: meaning of the terms 'ordinary time earnings' and 'salary or wages' 5.11.08

Superannuation Guarantee Rulings - notices of withdrawal

Ruling Title Issue date
SGR 94/1 Superannuation guarantee: Earnings bases 30.07.08

Fuel Tax Rulings and Determinations

8. During the 2008 calendar year the Commissioner of Taxation issued:

Draft Fuel Tax Rulings

Ruling Title Issue date
FTR 2008/D1 Fuel tax: entitlement to a fuel tax credit under section 41-5 of the Fuel Tax Act 2006 in a vehicle or equipment hire arrangement 03.12.08

Fuel Tax Rulings

Ruling Title Issue date
FTR 2008/1 Fuel tax: vehicle's travel on a public road that is incidental to the vehicle's main use and the road user charge 09.04.08

Fuel Tax Rulings - notices of erratum

Ruling Title Issue date
FTR 2008/1 Fuel tax: vehicle's travel on a public road that is incidental to the vehicle's main use and the road user charge 20.08.08

Fuel Tax Rulings - notices of addendum

Ruling Title Issue date
FTR 2007/1 Fuel tax: the meaning of 'acquire', 'manufacture' and 'import' in the expression 'taxable fuel that you acquire or manufacture in, or import into, Australia to the extent that you do so for use in carrying on your enterprise' in the Fuel Tax Act 2006 27.08.08
FTR 2007/1 Fuel tax: the meaning of 'acquire', 'manufacture' and 'import' in the expression 'taxable fuel that you acquire or manufacture in, or import into, Australia to the extent that you do so for use in carrying on your enterprise' in the Fuel Tax Act 2006 03.12.08

Draft Fuel Tax Determinations

Ruling Title Issue date
FTD 2008/D1 Fuel tax: what is the meaning of 'use' for the purposes of section 41-5 of the Fuel Tax Act 2006? 03.12.08

Wine Equalisation Taxation Rulings

9. During the 2008 calendar year the Commissioner of Taxation issued:

Draft Wine Equalisation Taxation Rulings

Ruling Title Issue date
WETR 2008/D1 Wine equalisation tax: the operation of the wine equalisation tax system 17.12.08
WETR 2008/D2 Wine equalisation tax: operation of the producer rebate for other than New Zealand participants 17.12.08

Miscellaneous Taxation Rulings

10. During the 2008 calendar year the Commissioner of Taxation issued:

Draft Miscellaneous Taxation Rulings

Ruling Title Issue date
MT 2008/D1 Penalty relating to statements: meaning of reasonable care, recklessness and intentional disregard 14.05.08
MT 2008/D2 Shortfall penalties: administrative penalty for taking a position that is not reasonably arguable 14.05.08
MT 2008/D3 Shortfall penalties: voluntary disclosures 14.05.08
MT 2008/D4 Miscellaneous taxes: notification requirements for an entity under section 105-55 of Schedule 1 to the Taxation Administration Act 1953 29.10.08

Miscellaneous Taxation Rulings

Ruling Title Issue date
MT 2008/1 Penalty relating to statements: meaning of reasonable care, recklessness and intentional disregard 12.11.08
MT 2008/2 Shortfall penalties: administrative penalty for taking a position that is not reasonably arguable 12.11.08
MT 2008/3 Shortfall penalties: voluntary disclosures 12.11.08

Miscellaneous Taxation Rulings - notices of partial withdrawal

Ruling Title Issue date
MT 2024 Fringe benefits tax: dual cab vehicles eligibility for exemption 22.10.08

Class Rulings

11. During the 2008 calendar year the Commissioner of Taxation issued:

Class Rulings

Ruling Title Issue date
CR 2008/1 Income tax: proposed return of capital: Globe International Limited 16.01.08
CR 2008/2 Fringe benefits tax and income tax: employer contributions to the Electrical Industry Training Foundation 16.01.08
CR 2008/3 Income tax: early retirement scheme - OneSteel Wire Pty Limited 16.01.08
CR 2008/4 Income tax: MMC Contrarian Limited - proposed return of capital to shareholders 30.01.08
CR 2008/5 Income tax: Selective Capital Reduction: Orica Limited 06.02.08
CR 2008/6 Income tax: statutory licence roll-over for the replacement of existing water entitlements with new water entitlements under the Water Act 1989 (Victoria) 06.02.08
CR 2008/7 Income tax: cancellation of shares in Telecom Corporation of New Zealand Limited 13.02.08
CR 2008/8 Income tax: assessable income: payments received under the Redress Scheme for former residents of Queensland children's institutions 20.02.08
CR 2008/9 Income tax and fringe benefits tax: Brookefield Asset Management Inc - 2007 Management Share Option Plan 20.02.08
CR 2008/10 Income tax: off-market share buy-back: Coca-Cola Amatil Limited 20.02.08
CR 2008/11 Income tax: off-market share buy-back: Sunraysia Television Limited 20.02.08
CR 2008/12 Income tax: Selective Capital Reduction: Avatar Industries Limited 20.02.08
CR 2008/13 Income tax: Panbio Limited - Employee Share Scheme - proposed takeover by Inverness Medical Innovations Inc 20.02.08
CR 2008/14 Income tax: scrip for scrip roll-over: exchange of units in Convertible Adjusting Rate Security Trust for Transurban Securities 20.02.08
CR 2008/15 Income tax: scrip for scrip: exchange of shares in Home Building Society Ltd for shares in Bank of Queensland Ltd 5.03.08
CR 2008/16 Income tax: amendments to Sensible Saver Life Assurance Policy issued by Zurich Australia Limited 5.03.08
CR 2008/17 Income tax: return of capital: Multiplex Acumen Vale Syndicate Limited 5.03.08
CR 2008/18 Income tax: proposed Equity Return: MYOB Limited 5.03.08
CR 2008/19 Income tax: Qantas Deferred Share Plan - Non-Executive Director Share Plan 5.03.08
CR 2008/20 Income tax: Qantas Deferred Share Plan - 2006 Performance Rights Plan 5.03.08
CR 2008/21 Income tax: Qantas Deferred Share Plan - 2006 Performance Share Plan 5.03.08
CR 2008/22 Income tax: Qantas Deferred Share Plan - 2006 Retention Plan 5.03.08
CR 2008/23 Fringe benefits tax: employer clients of Super Group International (Australia) Pty Limited or SMB Fleet Management Pty Limited who make use of the SMB Café Card facility 12.03.08
CR 2008/24 Fringe benefits tax: employer clients of Australia and New Zealand Banking Group Limited who are subject to the provisions of section 57A of the Fringe Benefits Tax Assessment Act 1986 whose employees make use of the ANZ Business One - Salary Packaging Card facility 12.03.08
CR 2008/25 Fringe benefits tax: employer clients of Corporate Care Australia Pty Limited whose employees receive a Corporate Advantage Card 12.03.08
CR 2008/26 Income tax: capital gains: Converting Preference Shares: St. George Bank Limited 19.03.08
CR 2008/27 Income tax: tax treatment of payments received from the sale of produced seed into a seed pool under an agreement with Seed Technology & Marketing Pty Limited 09.04.08
CR 2008/28 Income tax: statutory licence roll-over for the replacement of bore licences with aquifer access licences and treatment of payments received under the Achieving Sustainable Groundwater Entitlements Program 09.04.08
CR 2008/29 Income tax: early retirement scheme - Melbourne Convention & Exhibition Trust 09.04.08
CR 2008/30 Income tax: Commonwealth Bank of Australia - Perpetual Exchangeable Resaleable Listed Securities 23.04.08
CR 2008/31 Income tax: demerger of Autogen Research Pty Ltd by ChemGenex Pharmaceuticals Ltd 30.04.08
CR 2008/32 Income tax: capital gains: establishment of Asciano Finance Trust and demerger of Asciano Ltd by Toll Holdings Ltd 30.04.08
CR 2008/33 Income tax: capital gains: demerger of Mercury Mobility Ltd by Cellnet Group Ltd 30.04.08
CR 2008/34 Income tax: return of capital: Hansen Technologies Ltd 07.05.08
CR 2008/35 Income tax: share buy back: Boral Limited 14.05.08
CR 2008/36 Income tax: INVESCO PLC - corporate reorganisation - Employee Share Schemes 14.05.08
CR 2008/37 Income tax: assessable income: payments received under the Redress Scheme for former residents of State care in Western Australia 21.05.08
CR 2008/38 Income tax: scrip for scrip: acquisition of Dyno Nobel Limited by the Incitec Pivot Limited Group 21.05.08
CR 2008/39 Income tax: demerger of Uramet Minerals Limited by Elkedra Diamonds NL 28.05.08
CR 2008/40 Income tax: treatment of payments received under the Western Port Commercial Netting Licence Surrender and Relocation Program 28.05.08
CR 2008/41 Income tax: BT Investment Management Limited - Employee Equity Plan 11.06.08
CR 2008/42 Income tax: proposed return of capital: Equities and Freeholds Limited (previously Goldlink GrowthPlus Limited) 11.06.08
CR 2008/43 Income tax: conversion by Mackay Sugar Co-operative Association Limited to a company registered under the Corporations Act 2001 11.06.08
CR 2008/44 Income tax: scrip for scrip roll-over: merger of Zinifex Limited and Oxiana Limited 25.06.08
CR 2008/45 Income tax: early retirement scheme - Alcoa of Australia Ltd 25.06.08
CR 2008/46 Income tax: early retirement scheme - Central Northern Adelaide Health Service Incorporated 02.07.08
CR 2008/47 Income tax: early retirement scheme - Charles Sturt University 16.07.08
CR 2008/48 Income tax: scrip for scrip roll-over: merger of Centro Shopping America Trust with Centro Retail Trust 16.07.08
CR 2008/49 Income tax: demerger of Impedance Cardiology Systems Inc. by ImpediMed Limited 23.07.08
CR 2008/50 Income tax: distribution of VISA proceeds by Cuscal Limited via the issuance of a special class of share 23.07.08
CR 2008/51 Income tax: off-market share buy-back: Portman Limited 30.07.08
CR 2008/52 Income tax: return of capital: in specie distribution of shares by Legend Mining Limited 06.08.08
CR 2008/53 Income tax: return of capital: Emperor Mines Limited 06.08.08
CR 2008/54 Income tax: services for Australian Rural and Remote Allied Health: postgraduate scholarships and assistance payments 20.08.08
CR 2008/55 Fringe benefits tax: employer clients of Auto-Ad Pty Limited whose employees hire cars from Smart Car Rentals Pty Limited 27.08.08
CR 2008/56 Income tax: Westpac Banking Corporation: Westpac Stapled Preferred Securities 10.09.08
CR 2008/57 Income tax: Suncorp-Metway Limited - allotment of Converting Preference Shares 10.09.08
CR 2008/58 Income tax: payment of dividend by MediHerb Holdings Limited 17.09.08
CR 2008/59 Income tax: tax treatment of Commercial Horse Assistance Payments to primary carers of commercial horses affected by the equine influenza quarantine 17.09.08
CR 2008/60 Income tax: assessable income: Australian Rules umpires: Hills Football League 01.10.08
CR 2008/61 Income tax: implications of the Centennial Coal Company Limited return of capital for participants in the Centennial Deferred Employee Share Plan 08.10.08
CR 2008/62 Income tax: BHP Billiton Group - Global Employee Share Plan 22.10.08
CR 2008/63 Income tax: scrip for scrip: merger of St George Bank Limited and Westpac Banking Corporation 22.10.08
CR 2008/64 Income tax: St George Bank Ltd - Employee Reward Share Plan - proposed merger with Westpac Banking Corporation 22.10.08
CR 2008/65 Income tax: private practice arrangements for salaried medical officers in South Australian public hospitals 22.10.08
CR 2008/66 Income tax: scrip for scrip: acquisition of Just Group Limited by Premier Investments Limited 29.10.08
CR 2008/67 Income tax: share buy-back: Santos Limited 5.11.08
CR 2008/68 Income tax: capital gains tax: conversion of Swan Taxis Co-operative Limited to Swan Taxis Limited, an unlisted public company registered under the Corporations Act 2001 5.11.08
CR 2008/69 Income tax: return of capital: MYOB Limited 5.11.08
CR 2008/70 Income tax: assessable income: Australian Federal Police deployed to the Solomon Islands 5.11.08
CR 2008/71 Income tax: assessable income: Australian Federal Police deployed to Timor-Leste 5.11.08
CR 2008/72 Income tax: Skilled Group Limited Executive Share Option Plan 5.11.08
CR 2008/73 Fringe benefits tax: Fernwood Corporate Health Counselling program 12.11.08
CR 2008/74 Income tax: demerger of Buru Energy Ltd by ARC Energy Ltd and merger of ARC Energy Ltd with Australian Worldwide Exploration Ltd 12.11.08
CR 2008/75 Income tax: conversion by Australian Co-operative Foods Limited to a company registered under the Corporations Act 2001 and subsequent payment of special dividend pursuant to Scheme of Arrangement 12.11.08
CR 2008/76 Income tax: scrip for scrip: exchange of pSivida Ltd shares, options or warrants for equivalent New pSivida Inc securities 12.11.08
CR 2008/77 Income tax: return of capital: Olea Australis Limited 19.11.08
CR 2008/78 Income tax: Henderson Group plc reorganisation - scrip for scrip roll-over and Foreign Investment Fund implications 19.11.08
CR 2008/79 Income tax: Australia and New Zealand Banking Group Limited - allotment of convertible preference shares 26.11.08
CR 2008/80 Income tax: Selective Capital Reduction: CITIC Australia Trading Limited 26.11.08
CR 2008/81 Income tax: Peplin Group restructure - Employee Share Scheme - treatment of unlisted options 26.11.08
CR 2008/82 Income tax: scrip for scrip roll-over: exchange of shares and options in Peplin Limited (Australia) for shares and options in Peplin Incorporated (USA) 26.11.08
CR 2008/83 Fringe benefits tax: contributions to an approved worker entitlement fund: Australian Construction Industry Redundancy Trust 03.12.08
CR 2008/84 Income tax: Wesfarmers Limited - Employee Share Ownership Plan 03.12.08
CR 2008/85 Income tax: off-market share buy-back: MMC Contrarian Limited 03.12.08
CR 2008/86 Fringe benefits tax: employers who use the SG Fleet Australia Pty Limited telematics system 03.12.08
CR 2008/87 Income tax: scrip for scrip roll-over: exchange of shares in Bandanna Coal Pty Ltd for shares in Enterprise Energy Ltd 17.12.08
CR 2008/88 Income tax: off-market share buy-back: Lion Selection Limited 17.12.08
CR 2008/89 Income tax: scrip for scrip roll-over: exchange of shares in Sunshine Gas Limited for shares in Queensland Gas Company Limited 17.12.08
CR 2008/90 Income tax: demerger of Iron Road Limited by Adelaide Resources Limited 17.12.08
CR 2008/91 Income tax: provision of security camera systems to Queensland taxi service licence holders 17.12.08
CR 2008/92 Income tax: exchange of units in Connell Wagner Holdings Trust for shares in Connell International Group Limited 17.12.08

Class Rulings - notices of addendum

Ruling Title Issue date
CR 2007/108 Income tax: The National Mutual Life Association of Australasia Limited: Application of section 26AH of the Income Tax Assessment Act 1936 to Guaranteed Investment Bonds and Personal Investment Bonds 26.03.08
CR 2006/123 Income tax: Henderson Group plc - return of capital 03.09.08
CR 2007/9 Income tax: capital gains: demerger of Tower Australia Group Limited by Tower Limited 03.09.08
CR 2007/29 Income tax: capital gains - roll-over relief - acquisition of land for Traveston Crossing and Wyaralong Dams 12.11.08

Class Rulings - notices of withdrawal

Ruling Title Issue date
CR 2007/58 Income tax: conversion by Mackay Sugar Co-operative Association Limited to a company registered under the Corporations Act 2001 11.06.08
CR 2005/89 Fringe benefits tax: employer clients of Remunerator (Aust) Pty Ltd that make use of a Salary Packaging Dining Card facility 20.08.08
CR 2006/81 Fringe benefits tax and income tax: employer clients of Sodexho Australia Pty Ltd or Universal Sodexho Pty Ltd that make use of the Sodexho 'SmartPay' card facility 20.08.08
CR 2008/23 Fringe benefits tax: employer clients of Super Group International (Australia) Pty Limited or SMB Fleet Management Pty Limited who make use of the SMB Cafe Card facility 20.08.08
CR 2007/113 Income tax: merger between the Mulgrave Central Mill Company Limited and TQ Sugar Limited 08.10.08
CR 2003/61 Income tax: Assessability of income: Australian Federal Police (AFP) and Australian Protective Service (APS) employees deployed to the Solomon Islands 5.11.08
CR 2006/89 Income tax: assessable income: Australian Federal Police deployed to Timor-Leste in accordance with the arrangement dated 26 May 2006 5.11.08
CR 2006/108 Income tax: assessable income: Australian Federal Police personnel on long term, non-diplomatic posting to East Timor (Timor-Leste) under the auspices of the Timor-Leste Police Development Program 5.11.08
CR 2006/109 Income tax: assessable income: Australian Federal Police personnel on long term, non-diplomatic posting to Solomon Islands under the auspices of the Regional Assistance Mission to the Solomon Islands 5.11.08
CR 2007/48 Income tax: UBS AG Key employee lending incentive plan 19.11.08

Class Rulings - notices of erratum

Ruling Title Issue date
CR 2007/114 Income tax: scrip for scrip: acquisition of Coles Group Limited by Wesfarmers Limited 23.01.08
CR 2008/15 Income tax: scrip for scrip: exchange of shares in Home Building Society Ltd for shares in Bank of Queensland Ltd 26.03.08
CR 2008/19 Income tax: Qantas Deferred Share Plan - Non-Executive Director Share Plan 2.04.08
CR 2008/22 Income tax: Qantas Deferred Share Plan - 2006 Retention Plan 2.04.08

Product Rulings

12. During the 2008 calendar year the Commissioner of Taxation issued:

Product Rulings

Ruling Title Issue date
PR 2008/1 Income tax: Oak Valley Truffle Project 2008 16.01.08
PR 2008/2 Income tax: Early Season Apple Project - Late Growers 16.01.08
PR 2008/3 Income tax: Australian Bight Abalone Project 2008 16.01.08
PR 2008/4 Income tax: TFS Sandalwood Project 2008 - Pre 30 June 2008 Growers 16.01.08
PR 2008/5 Income tax: Margaret River Watershed Premium Wine Project 2008 (Pre 15 June 2008 Growers 23.01.08
PR 2008/6 Income tax: tax consequences of investing in the UBS Protected Geared Investment - 2007 Product Disclosure Statement 30.01.08
PR 2008/7 Income tax: Organic Apple Project 06.02.08
PR 2008/8 Income tax: Mediterranean Olives Project 2008 - (Growers not in Joint Venture) 06.02.08
PR 2008/9 Income tax: Kiri Park Project No. 2 Second Prospectus - NCL discretion 13.02.08
PR 2008/10 Income tax: TFS Sandalwood Project 2007 (Post 30 June 2007 Growers) 13.02.08
PR 2008/11 Income tax: AIL Almond Grower Project - Swan Hill: 2008 Growers (to 15 June 2008) 13.02.08
PR 2008/12 Income tax: 1997 Timbercorp Eucalypts Project 13.02.08
PR 2008/13 Income tax: tax consequences of investing in Next Financial Instalments - Series NF 330 13.02.08
PR 2008/14 Income tax: Capricorn Timber Indian Sandalwood Project 20.02.08
PR 2008/15 Income tax: Mediterranean Olives Project 2008 - (Joint Venture Growers) 27.02.08
PR 2008/16 Income tax: Alpine Meadows Olive & Walnut Project No. 1 27.02.08
PR 2008/17 Income tax: Moora Citrus Project - 2008 Growers 27.02.08
PR 2008/18 Income tax: Tasmanian Premium Cherries Project 27.02.08
PR 2008/19 Income tax: Heathcote Ridge Vineyard Project No. 2 27.02.08
PR 2008/20 Income tax: Agriwealth 2008 Softwood Project 5.03.08
PR 2008/21 Income tax: Barossa Vines Project 2007 - Applicant Group 2 5.03.08
PR 2008/22 Income tax: Barossa Vines Project 2007 - Applicant Group 2 (using finance from Barossa Vines Ltd) 5.03.08
PR 2008/23 Income tax: Piangil Grower Project - 2008 12.03.08
PR 2008/24 Income tax: Rewards Group Tropical Fruits Project 2008 12.03.08
PR 2008/25 Income tax: Macquarie Almond Investment 2008 - Early Growers (to 15 June 2008) 12.03.08
PR 2008/26 Income tax: deductibility of interest incurred on borrowings in relation to the Macquarie Fusion Funds - June 2008 Offer 19.03.08
PR 2008/27 Income tax: ITC Sandalwood Project 2008 19.03.08
PR 2008/28 Income tax: ITC Hardwood Project 2008 (High Value Timber Option) 19.03.08
PR 2008/29 Income tax: ITC Hardwood Project 2008 (Pulpwood Option) 19.03.08
PR 2008/30 Income tax: 1998 Timbercorp Eucalypts Project 26.03.08
PR 2008/31 Income tax: FEA Plantations Project 2008 - Woodlot Option 1 26.03.08
PR 2008/32 Income tax: FEA Plantations Project 2008 - Woodlot Option 2 26.03.08
PR 2008/33 Income tax: FEA Plantations Project 2008 - Woodlot Option 3 26.03.08
PR 2008/34 Income tax: FEA Plantations Project 2008 - Woodlot Option 4 26.03.08
PR 2008/35 Income tax: Babcock and Brown Property Instalment Plan 09.04.08
PR 2008/36 Income tax: Olive Growers Australia Project 2007 - Applicant Group 2 09.04.08
PR 2008/37 Income tax: Olive Growers Australia Project 2007 - Applicant Group 2 (using finance from Olive Growers Australia Limited) 09.04.08
PR 2008/38 Income tax: Macquarie Eucalypt Project 2008 23.04.08
PR 2008/39 Income tax: Great Southern 2008 Renewable Fibre Project 23.04.08
PR 2008/40 Income tax: tax consequences of investing in ABN AMRO Self Funding Instalment Warrants TL3SZZ Series 2006 Product Disclosure Statement - cash applicants and secondary market purchasers 30.04.08
PR 2008/41 Income tax: tax consequences of investing in ABN AMRO High Leverage Instalment Warrants TL3IZA-IZC Series 2006 Product Disclosure Statement - cash applicants and secondary market purchasers 30.04.08
PR 2008/42 Income tax: Cool Climate Apricot Project - 2008 Growers 30.04.08
PR 2008/43 Income tax: Rewards Group Teak Project 2008 30.04.08
PR 2008/44 Income tax: Paulownia Tree Farming Project 3B 14.05.08
PR 2008/45 Income tax: Great Southern Wine Grape Income Project - 2008 Growers 14.05.08
PR 2008/46 Income tax: Curtis Eastern Project 21.05.08
PR 2008/47 Income tax: tax consequences of rebalancing, contributing to and partially redeeming an investment in a unit in the Credit Suisse Asset Management Select Investment Flexible International Shares Fund - 2008 Product Disclosure Statement 21.05.08
PR 2008/48 Income tax: Rewards Group Berry Project 2008 - Late Growers 21.05.08
PR 2008/49 Income tax: tax consequences of investing in ABN AMRO Unlisted Rolling Instalment Warrants 2007 Product Disclosure Statement (Cash Applicants) - Navra Blue Chip Australian Share Retail Fund 21.05.08
PR 2008/50 Income tax: tax consequences of investing in ANZ Protected Equity Leveraged Solutions 21.05.08
PR 2008/51 Income tax: Goulburn Valley Orchards Project 28.05.08
PR 2008/52 Income tax: Goulburn Valley Orchards 2000 Project (8 March 2000 - 5 December 2000) 28.05.08
PR 2008/53 Income tax: Goulburn Valley Orchards 2000 Project (6 December 2000 - 5 June 2001) 28.05.08
PR 2008/54 Income tax: Great Southern 2008 Diversified Olives Income Project - 2008 Growers 28.05.08
PR 2008/55 Income tax: deductibility of interest incurred on borrowings related to the Merrill Lynch Structured Equity Loan 04.06.08
PR 2008/56 Income tax: KTC Mahogany Project 2008 (2008 Participants) 11.06.08
PR 2008/57 Income tax: tax consequences of investing in the Retirement Booster - Prospectus 1 18.06.08
PR 2008/58 Income tax: tax consequences of investing in MQ Listed Protected Loan 18.06.08
PR 2008/59 Income tax: tax consequences of investing in equities using the Macquarie Geared Equities Investment plus 23.07.08
PR 2008/60 Income tax: 2009 Willmott Forests Premium Forestry Blend Project 23.07.08
PR 2008/61 Income tax: GlenKara Estate Vineyard Project - Stage 2A 20.08.08
PR 2008/62 Income tax: tax consequences of changing the portfolio structure, contribution to and partially redeeming an investment in a unit in Perpetual's Investor Choice Fund 10.09.08
PR 2008/63 Income tax: 2009 Timbercorp Forestry Project 10.09.08
PR 2008/64 Income tax: deductibility of interest incurred on borrowings in relation to Macquarie Fusion Funds - November 2008 Offer 17.09.08
PR 2008/65 Income tax: Great Southern 2009 High Value Timber Project 08.10.08
PR 2008/66 Income tax: Gunns Plantations Woodlot Project 2009 - Option 1 15.10.08
PR 2008/67 Income tax: Gunns Plantations Woodlot Project 2009 - Option 2 15.10.08
PR 2008/68 Income tax: Gunns Plantation Woodlot Project 2009 - Option 3 15.10.08
PR 2008/69 Income tax: Gunns Plantation Woodlot Project 2009 - Blended Option 15.10.08
PR 2008/70 Income tax: Kiri Park Projects - 2009 Growers 22.10.08
PR 2008/71 Income tax: tax consequences of investing in Next Financial Instalments - Series NF 330 5.11.08
PR 2008/72 Income tax: Great Southern 2009 High Value Timber Project (ABL Nominees Pty Ltd Finance) 17.12.08
PR 2008/73 Income tax: Rewards Group Premium Timber Project 2009 17.12.08

Product Rulings - notices of addendum

Ruling Title Issue date
PR 2006/27 Income tax: 2006 Grain Co-Production Project 23.01.08
PR 2007/25 Income tax: Kiri Park Project No. 2 - NCL 13.02.08
PR 2006/145 Income tax: 2007 Timbercorp Almond Project - Early Growers (to 15 June 2007) 19.03.08
PR 2006/146 Income tax: 2007 Timbercorp Almond Project - Post 30 June Growers 19.03.08
PR 2007/39 Income tax: Mort & Co No. 5 Project 2.04.08
PR 2007/58 Income tax: Mort & Co No. 5 Project - 2008 2.04.08
PR 2008/4 Income tax: TFS Sandalwood Project 2008 - pre 30 June 2008 Growers 16.04.08
PR 2008/2 Income tax: Early Season Apple Project - Late Growers 23.04.08
PR 2008/11 Income tax: AIL Almond Grower Project - Swan Hill: 2008 Growers (to 15 June 2008) 23.04.08
PR 2008/21 Income tax: Barossa Vines Project 2007 - Applicant Group 2 07.05.08
PR 2008/22 Income tax: Barossa Vines Project 2007 - Applicant Group 2 (using finance from Barossa Vines Limited) 07.05.08
PR 2008/13 Income tax: tax consequences of investing in Next Financial Instalments - Series NF 330 21.05.08
PR 2007/70 Income tax: Great Southern 2008 High Value Timber Project 04.06.08
PR 2008/102 Income tax: Great Southern 2008 Almond Income Project 04.06.08
PR 2008/17 Income tax: Moora Citrus Project - 2008 Growers 04.06.08
PR 2008/3 Income tax: Australian Bight Abalone Project 2008 11.06.08
PR 2007/100 Income tax: Kiri Park Projects - pre 30 June 2008 Growers 25.06.08
PR 2008/4 Income tax: TFS Sandalwood Project 2008 - pre 30 June 2008 Growers 03.09.08
PR 2008/23 Income tax: Piangil Grower Project - 2008 03.09.08
PR 2008/25 Income tax: Macquarie Almond Investment 2008 - Early Growers (to 15 June 2008) 03.09.08
PR 2008/38 Income tax: Macquarie Eucalypt Project 2008 03.09.08
PR 2008/39 Income tax: Great Southern 2008 Renewable Fibre Project 10.09.08
PR 2008/45 Income tax: Great Southern 2008 Wine Grape Income Project - 2008 Growers 10.09.08
PR 2008/13 Income tax: tax consequences of investing in Next Financial Instalments - Series NF 330 22.10.08

Product Rulings - notices of withdrawal

Ruling Title Issue date
PR 1999/4 Income tax: Queensland Paulownia Forests Project No. 3 26.03.08
PR 1999/100 Income tax: Queensland Paulownia Forests Project No. 4 26.03.08
PR 2000/96 Income tax: Queensland Paulownia Forests Project No. 4 26.03.08
PR 2001/3 Income tax: Queensland Paulownia Forests Project No. 5 26.03.08
PR 2001/119 Income tax: Queensland Paulownia Forests Project No. 4 26.03.08
PR 2001/120 Income tax: Queensland Paulownia Forests Project No. 2 26.03.08
PR 2001/121 Income tax: Paulownia Forestry Scheme 26.03.08
PR 2001/141 Income tax: Queensland Paulownia Forests Project No. 5: Extended Offer 26.03.08
PR 2001/176 Income tax: Queensland Paulownia Forests Project No. 6 26.03.08
PR 2002/85 Income tax: Queensland Paulownia Forests Project No. 6 26.03.08
PR 2003/39 Income tax: Queensland Paulownia Forests Project No. 7 26.03.08
PR 2004/19 Income tax: Queensland Paulownia Forests Project No. 8 26.03.08
PR 2004/22 Income tax: Queensland Paulownia Forests Project No. 7 (Revised Arrangement) 26.03.08
PR 2004/48 Income tax: Queensland Paulownia Forests Project No. 4 (6 September 2000 to 13 September 2000) 26.03.08
PR 2004/100 Income tax: Queensland Paulownia Forests Project No. 8 - Capital Forestry Units 26.03.08
PR 2004/101 Income tax: Queensland Paulownia Forests Project No. 8 - Capital Forestry Units (Discounted fees) 26.03.08
PR 2005/38 Income tax: QPFL Project No. 9 26.03.08
PR 2005/39 Income tax: QPFL Project No. 9 - Discounted Fees 26.03.08
PR 2005/42 Income tax: Queensland Paulownia Forests Project No. 8 - Income Forestry Bonds 26.03.08
PR 2006/10 Income tax: Capital Forestry Units 2006 and 2007 - 2006 Financial Year 26.03.08
PR 2006/11 Income tax: Capital Forestry Units 2006 and 2007 - 2007 Financial Year 26.03.08
PR 2006/12 Income tax: The Forestry Project 2006 and 2007 - 2006 Financial Year 26.03.08
PR 2006/13 Income tax: The Forestry Project 2006 and 2007 - 2007 Financial Year 26.03.08
PR 2006/15 Income tax: Income Forestry Bonds 2006 and 2007 - 2006 Financial Year 26.03.08
PR 2006/16 Income tax: Income Forestry Bonds 2006 and 2007 - 2007 Financial Year 26.03.08
PR 2007/78 Income tax: Limestone Coast Vignettes Project - 2007 Development Vignette Owners (to 31 October 2007) 02.04.08
PR 2007/78 Income tax: Limestone Coast Vignettes Project - 2007 Mature Vignette Owners (to 31 March 2008) 02.04.08
PR 2007/42 Income tax: real Dairy Project No. 1 09.04.08
PR 2007/11 Income tax: tax consequences of rebalancing, contributing to an investment and partially redeeming a unit in the Credit Suisse Asset Management Select Investment Flexible International Share Fund - 2007 Product Disclosure Statement 21.05.08
PR 2007/44 Income tax: Great Southern 2008 Diversified Olives Income Project - 2008 Growers 28.05.08
PR 2007/76 Income tax: Palandri Global Supply Challenge 2007 - 2008 (2008 Growers) 11.06.08
PR 2008/16 Income tax: Alpine Meadows Olive & Walnut Project No. 1 02.07.08
PR 2007/68 Income tax: tax consequences of investing in equities using the Macquarie Geared Equity Investment plus 23.07.08
PR 2008/46 Income tax: Curtis Eastern Project 23.07.08
PR 2008/14 Income tax: Capricorn Timber Indian Sandalwood Project 30.07.08
PR 2007/63 Income tax: Great Southern Plantations 2008 Project 06.08.08
PR 2007/77 Income tax: NTT Mahogany 2006-2008 (2008 Growers) 03.09.08
PR 2007/88 Income tax: Ginseng Australia Project No. 1 (Late Growers) 01.10.08
PR 2008/15 Income tax: Mediterranean Olives Project 2008 - (Joint Venture Growers) 08.10.08
PR 2008/13 Income tax: tax consequences of investing in Next Financial Instalments - Series NF 330 5.11.08
PR 2007/84 Income tax: tax consequences of borrowing in relation to the Momentum Investor Funding Product (Post 30 June 2007) 17.12.08

Product Rulings - notices of erratum

Ruling Title Issue date
PR 2008/65 Income tax: Great Southern 2009 High Value Timber Project 29.10.08

Old Series Rulings

13. During the 2008 calendar year the Commissioner of Taxation issued:

Income Tax (IT) Rulings - notices of addendum

Ruling Title Issue date
IT 2344 Income tax: trust schemes with non-resident beneficiaries: assessing guidelines: determination of objections: settlement guidelines 27.02.08
IT 2534 Income tax: taxation treatment of directors fees, bonuses, etc 27.02.08
IT 2668 Income tax: barter and countertrade transactions 27.02.08
IT 2466 Income tax: trust distributions of group interest to non-resident beneficiaries: determination of objections 5.03.08
IT 333 Expenditure on spare parts and consumable stores. Whether deduction allowable on usage basis or in year of purchase 30.04.08
IT 363 Mining company: application of Division 330 to principal and sub-contractors engaged in mining operations 30.04.08
IT 2484 Income tax: capital gains: time of acquisition of patent 14.05.08
IT 2111 Income tax: taxation incentives for the Australian film industry 25.06.08
IT 2476 Income tax: taxation incentives for Australian film industry 25.06.08
IT 2629 Income tax: taxation incentives for the Australian film industry 25.06.08

Income Tax (IT) Rulings - notices of withdrawal

Ruling Title Issue date
IT 69 Investment allowance - hire of plant 19.03.08
IT 24 Investment allowance - adjustments where leave granted to change accounting period 16.04.08
IT 2078 Division 10AAA - deduction for expenditure on public roads and railways 16.04.08
IT 2569 Extensions of time to pay under section 206 16.04.08
IT 27 Decision of Board of Review re apportionment of investment allowance and power to increase assessment 23.04.08
IT 2278 Income tax: investment allowance: partner using privately owned property in partnership business 23.04.08
IT 2383 Income tax: investment allowance - grant of rights to use a fishing vessel 23.04.08
IT 2502 Income tax: deductibility of management and investment company subscriptions where a broker nominee company is the registered subscriber 23.04.08
IT 2520 Income tax: investment allowance on commander telephone systems 23.04.08
IT 32 Investment allowance - disposal of interest in partnership within 12 months of acquisition 28.05.08
IT 2231 Income tax: investment allowance - unit of property 28.05.08
IT 2328 Income tax: capital gains provisions: interpretation and operation 28.05.08
IT 2442 Income tax: Concession for eligible research and development expenditure 06.08.08
IT 2451 Income tax: Investor funding of research and development activities 06.08.08
IT 2552 Income tax: Research and development (R&D) - costing of expenditure 06.08.08
IT 2444 Income tax: self assessment of income tax returns: amendment of assessments: remission of interest on underpayments of income tax 19.11.08
IT 2593 Income tax: company self assessment: questions for Commissioner's attention: remission of interest on underpayment of income tax 19.11.08

Last Ruling

14. This is the last Ruling for the 2008 calendar year. The next Ruling will be TR 2009/1.

Commissioner of Taxation
17 December 2008

Not previously issued as a draft

References

ATO references:
NO 2006/26312

Previous Rulings/Determinations:
TR 96/List
TR 97/List
TR 98/List
TR 99/List
TR 2000/List
TR 2001/List
TR 2002/List
TR 2003/List
TR 2004/List
TR 2005/List
TR 2006/List
TR 2007/List

ISSN: 1039-0731

Related Rulings/Determinations:

TR 2006/10
GSTR 1999/1

TR 2008/List history
  Date: Version: Change:
You are here 17 December 2008 Original ruling  
  3 June 2020 Withdrawn