Taxation Ruling
TR 2004/List
Income tax and other taxes: Determinations, Rulings, notices of withdrawal, addenda and errata issued in 2004
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FOI status:
may be released| Contents | Para |
|---|---|
| What this Ruling is about | |
| Ruling | |
| Taxation Rulings and Determinations | |
| Class Rulings | |
| Product Rulings | |
| Fuel Grant and Rebate Ruling | |
| Product Grant and Benefit Rulings | |
| Wine Equalisation Tax Rulings | |
| Miscellaneous Taxation Rulings | |
| Old Series Rulings | |
| Goods and Services Tax Rulings and Determinations | |
| Luxury Car Tax Determination | |
| Superannuation Contributions Determinations | |
| Superannuation Guarantee Rulings and Determinations | |
| Superannuation Determinations | |
| 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 Rulings TR 92/1 and TR 97/16, Goods and Services Taxation Ruling GSTR 1999/1 and Product Grant and Benefit Ruling PGBR 2004/1 explain when a Ruling is a public ruling and how it is binding on the Commissioner. |
What this Ruling is about
Class of person/arrangement
1. This Ruling lists all draft and final Determinations and Rulings, as well as all notices of withdrawal, addenda and errata to Determinations and Rulings, issued by the Commissioner of Taxation in the 2004 calendar year.
Ruling
2. This Ruling lists the documents that have issued during the 2004 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 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| TR 2004/D1 | Income tax: the assessability of salary and wages derived under teacher exchange programs between Australia and the United States | 02.06.04 |
| TR 2004/D2 | Income tax: consolidation: the meaning and application of the single entity rule in Part 3-90 of the Income Tax Assessment Act 1997 | 07.07.04 |
| TR 2004/D3 | Income tax: plant in residential rental properties | 28.06.04 |
| TR 2004/D4 | Income tax: the taxation implications of 'partnership salary' agreements | 25.08.04 |
| TR 2004/D5 | Income tax: whether the exclusion under subsection 721-15(2) of the Income Tax Assessment Act 1997 can extend to a participant in a licensed financial market or licensed CS facility | 23.06.04 |
| TR 2004/D6 | Income tax: capital gains: application of CGT event K6 (about pre-CGT shares and pre-CGT trust interests) in section 104-230 of the Income Tax Assessment Act 1997 | 23.06.04 |
| TR 2004/D7 | Income tax: residence of companies not incorporated in Australia - carrying on business in Australia and central management and control | 23.06.04 |
| TR 2004/D8 | Income tax: indemnification of royalty withholding tax | 14.07.04 |
| TR 2004/D9 | Income tax: the meaning of an asset for the purposes of Part 3-90 of the Income Tax Assessment Act 1997 | 07.07.04 |
| TR 2004/D10 | Income tax: consolidation: what is meant by 'injection of capital' in section 707-325 of the Income Tax Assessment Act 1997? | 07.07.04 |
| TR 2004/D11 | Income tax: recognising and measuring the liabilities of a joining entity under subsection 705-70(1) of the Income Tax Assessment Act 1997 | 07.07.04 |
| TR 2004/D12 | Income tax: carrying on a business as a professional artist | 21.07.04 |
| TR 2004/D13 | Income tax: the meaning of 'foreign income' in subsection 6AB(1) of the Income Tax Assessment Act 1936 - inclusion of statutory income | 04.08.04 |
| TR 2004/D14 | Income tax: attributed personal services income that is foreign income - allowance of foreign tax credits to individual where foreign tax paid by a personal services entity | 04.08.04 |
| TR 2004/D15 | Income tax: capital allowances - project pools - core issues | 01.09.04 |
| TR 2004/D16 | Income tax: ascertaining the right to tax US and UK resident financial institutions under the United States and the United Kingdom Double Taxation Conventions in respect of interest income arising in Australia | 01.09.04 |
| TR 2004/D17 | Income tax and capital gains tax: tax consequences of financial contracts for differences | 15.09.04 |
| TR 2004/D18 | Income tax: lease surrender receipts and payments | 06.10.04 |
| TR 2004/D19 | Income tax: tax deductible gifts - what is a gift | 01.12.04 |
| TR 2004/D20 | Not used | |
| TR 2004/D21 | Income tax: goodwill: identification and tax cost setting for the purposes of Part 3-90 of the Income Tax Assessment Act 1997? | 10.11.04 |
| TR 2004/D22 | Income tax: the meaning of particular terms in the Government Services Articles of Australia's tax treaties | 24.11.04 |
| TR 2004/D23 | Income tax: record keeping - electronic records | 08.12.04 |
| TR 2004/D24 | Income tax: application of the Australia/New Zealand Double Tax Agreement to New Zealand Resident Trustees of New Zealand Foreign Trusts | 24.11.04 |
| TR 2004/D25 | Income tax: capital gains: meaning of the words 'absolutely entitled to a CGT asset as against the trustee of a trust' as used in Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997 | 15.12.04 |
| TR 2004/D26 | Income tax: consolidation: retained cost base assets consisting of Australian currency or right to receive a specified amount of such currency | 22.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| TR 2004/1 | Income tax: international transfer pricing - cost contribution arrangements | 21.01.04 |
| TR 2004/2 | Income tax: whether expenses incurred obtaining valuations for consolidation are deductible under section 8-1 of the Income Tax Assessment Act 1997 | 10.03.04 |
| TR 2004/3 | Income tax: taxation of foreign life assurance policies | 05.05.04 |
| TR 2004/4 | Income tax: deductions for interest incurred prior to the commencement of, or following the cessation of, relevant income earning activities | 09.06.04 |
| TR 2004/5 | Income tax: taxation treatment of volume rebates paid to a retailer association | 09.06.04 |
| TR 2004/6 | Income tax: substantiation exception for reasonable travel and overtime meal allowance expenses | 23.06.04 |
| TR 2004/7 | Income tax: capital gains: application of Division 149 of the Income Tax Assessment Act 1997 and Division 20 of Part IIIA of the Income Tax Assessment Act 1936 to public entities | 23.06.04 |
| TR 2004/8 | Income tax and fringe benefits tax: health promotion charities | 30.06.04 |
| TR 2004/9 | Income tax: consolidation: what is meant by 'injection of capital' in section 707-325 of the Income Tax Assessment Act 1997? | 08.09.04 |
| TR 2004/10 | Income tax: the assessability of salary and wages derived under teacher exchange programs between Australia and the United States | 15.09.04 |
| TR 2004/11 | Income tax: consolidation: the meaning and application of the single entity rule in Part 3-90 of the Income Tax Assessment Act 1997 | 22.09.04 |
| TR 2004/12 | Income tax: whether the exclusion under subsection 721-15(2) of the Income Tax Assessment Act 1997 can extend to a participant in a licensed financial market or licensed clearing and settlement facility | 29.09.04 |
| TR 2004/13 | Income tax: the meaning of an asset for the purposes of Part 3-90 of the Income Tax Assessment Act 1997 | 29.09.04 |
| TR 2004/14 | Income tax: consolidation: recognising and measuring the liabilities of a joining entity under subsection 705-70(1) of the Income Tax Assessment Act 1997 | 29.09.04 |
| TR 2004/15 | Income tax: residence of companies not incorporated in Australia - carrying on business in Australia and central management and control | 20.10.04 |
| TR 2004/16 | Income tax: plant in residential rental properties | 24.11.04 |
| TR 2004/17 | Income tax: indemnification of royalty withholding tax | 15.12.04 |
| TR 2004/18 | Income tax: capital gains: application of CGT event K6 (about pre-CGT shares and pre-CGT trust interests) in section 104-230 of the Income Tax Assessment Act 1997 | 22.12.04 |
| TR 2004/List | Income tax and other taxes: determinations, rulings, notices of withdrawal, addenda and errata issued in 2004 | 22.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| TR 96/14 | Income tax: traditional Securities | 24.03.04 |
| TR 2000/18 | Income tax: effective life of depreciating assets | 28.06.04 |
| TR 93/16 | Income tax: application of the 'Rule of 78' or other methods in calculating the interest component of instalments paid under a fixed term loan or extended credit transaction | 07.07.04 |
| TR 1999/6 | Income tax and fringe benefits tax: flight rewards received under frequent flyer and other similar consumer loyalty programs | 14.07.04 |
| TR 98/22 | Income tax: the taxation consequences for taxpayers entering into certain linked or split loan facilities | 11.08.04 |
| TR 2000/18 | Income tax: effective life of depreciating assets | 15.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| TR 2002/D13 | Income tax: assessability of statutory personal injury compensation scheme payments | 18.02.04 |
| TR 2000/17 | Income tax: deductions for interest following the Steele decision | 09.06.04 |
| TR 97/21 | Income tax: record keeping - electronic records | 08.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| TD 2004/D1 | Income tax: for Off-Market Share Buy-Backs of listed shares, whether the buy-back price is set by tender process or not, what is the market value of the share for the purposes of subsection 159GZZZQ(2) of the Income Tax Assessment Act 1936? | 14 01.04 |
| TD 2004/D2 | Income tax: is there a deemed assessment under section 166A of the Income Tax Assessment Act 1936 when a company lodges a 'non-taxable return' for a year of income? | 25.02.04 |
| TD 2004/D3 | Income tax: capital gains: are input tax credits excluded from a CGT asset's cost base and reduced cost base worked out under section 110-25 and 110-55 of the Income Tax Assessment Act 1997 and from other equivalent amounts used in working out a capital gain or loss? | 25.02.04 |
| TD 2004/D4 | Income tax: where the Commissioner makes or amends a fringe benefits tax assessment for a fringe benefits tax year, when does the taxpayer incur an outgoing for the purposes of section 8-1 of the Income Tax Assessment Act 1997 for the fringe benefits tax assessed? | 03.03.04 |
| TD 2004/D5 | Income tax: where a fringe benefits tax liability is deductible to a taxpayer under section 8-1 of the Income Tax Assessment Act 1997, is a later refund or reduction of that liability, as a result of an amended fringe benefits assessment, an assessable recoupment for the purposes of subsection 20-20(3) that must be included in the taxpayer's assessable income under subsection 20-35(1)? | 03.03.04 |
| TD 2004/D6 | Income tax: does the payment of a 'commercial debt' by a guarantor, pursuant to a pre-existing guarantee, constitute forgiveness of the debt under section 245-35 of Schedule 2C of the Income Tax Assessment Act 1936? | 17.03.04 |
| TD 2004/D7 | Income tax: can section 79D of the Income Tax Assessment Act 1936 operate to limit deductions available under Division 10B or Division 10BA of Part III of the Income Tax Assessment Act 1936? | 28.04.04 |
| TD 2004/D8 | Income tax: does expenditure on the acquisition of financial securities satisfy the 'expended directly' requirement of Division 10BA of Part III of the Income Tax Assessment Act 1936? | 21.04.04 |
| TD 2004/D9 | Income tax: is a deduction available in respect of capital expenditure incurred after 30 June 2001 in obtaining or in seeking to obtain the grant or extension of the term of a patent, the registration or extension of the registration period of a design, or the registration of a copyright under section 68A of the Income Tax Assessment Act 1936 or Division 40 of the Income Tax Assessment Act 1997? | 12.05.04 |
| TD 2004/D10 | Income tax: consolidation: capital gains: does CGT event A1 in section 104-10 of the Income Tax Assessment Act 1997 happen to the head company of a consolidated group if an asset is sold by a subsidiary member to an entity outside the group? | 30.06.04 |
| TD 2004/D11 | Income tax: consolidation: capital gains: if membership interests in a subsidiary member of a consolidated group are sold to a purchaser outside the group under a contract made while the subsidiary was a member of the group, does CGT event A1 in section 104-10 of the Income Tax Assessment Act 1997 happen when the contract was made? | 30.06.04 |
| TD 2004/D12 | Income tax: consolidation: capital gains: does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 affect the application of CGT event I1 in section 104-160 if a company which is a subsidiary member of a consolidated group stops being an Australian resident? | 30.06.04 |
| TD 2004/D13 | Income tax: consolidation: capital gains: for the purposes of the capital gains tax rules in Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997, is the head company of a consolidated group taken to have acquired an asset, which a subsidiary member brings to the group, at the same time that the subsidiary member acquired it? | 30.06.04 |
| TD 2004/D14 | Income tax: consolidation: capital gains: is the period of ownership of an asset by a subsidiary member who brings it into the consolidated group taken into account in determining whether the head company has continuously owned the asset for the purposes of the small business 15 year exemption in Subdivision 152-B of the Income Tax Assessment Act 1997? | 30.06.04 |
| TD 2004/D15 | Income tax: consolidation: capital gains: does the transfer of an asset between members of a consolidated group affect the ownership period of the head company for the purposes of applying the small business 15 year exemption in Subdivision 152-B of the Income Tax Assessment Act 1997? | 30.06.04 |
| TD 2004/D16 | Income tax: consolidation: capital gains: if a subsidiary member of a consolidated group sells an asset which is taken for income tax purposes to have been disposed of by the head company, is the controlling individual condition in paragraphs 152-110(1)(c) or 152-305(2)(b) of the Income Tax Assessment Act 1997 applied to the head company of the consolidated group? | 30.06.04 |
| TD 2004/D17 | Income tax: consolidation: capital gains: does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 affect the application of the controlling individual test in paragraph 152-10(2)(a) when a CGT event happens to a share or trust interest that is a membership interest in a subsidiary member (company or trust) of a consolidated group? | 30.06.04 |
| TD 2004/D18 | Income tax: consolidation: capital gains: for the purposes of Subdivision 125-C of the Income Tax Assessment Act 1997, can the head company of a consolidated group meet the requirements of a demerging entity in subsection 125-70(7) where, under a demerger, the shares held in a subsidiary member of a group are transferred to the head company's shareholders? | 30.06.04 |
| TD 2004/D19 | Income tax: consolidation: capital gains: does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 apply in determining whether the consequences in Subdivision 125-C apply to the head company of a consolidated group where one or more subsidiary members hold ownership interests in an entity outside the group that is being demerged? | 30.06.04 |
| TD 2004/D20 | Income tax: consolidation: capital gains: if a subsidiary member of a consolidated group acquires shares in a non-consolidated company (original company) under a scrip-for-scrip arrangement, is the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 relevant in determining the eligibility for rollover of shareholders in the original company? | 30.06.04 |
| TD 2004/D21 | Income tax: consolidation: capital gains: does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 mean that section 124-784 does not apply to the consolidated group in relation to shares issued by a subsidiary member to the head company under a scrip for scrip arrangement? | 30.06.04 |
| TD 2004/D22 | Income tax: does paragraph 251L(1)(b) of the Income Tax Assessment Act 1936 prevent persons other than registered tax agents from giving advice about a taxation law? | 30.06.04 |
| TD 2004/D23 | Income tax: consolidation: capital gains: does a CGT event happen to the head company of a consolidated group if a debt is created within the consolidated group and subsequently transferred to a third party? | 07.07.04 |
| TD 2004/D24 | Income tax: consolidation: capital gains: does section 104-40 (CGT event D2) of the Income Tax Assessment Act 1997 apply to the head company of a consolidated group where an option is granted within the consolidated group and subsequently transferred to a third party? | 07.07.04 |
| TD 2004/D25 | Not used | |
| TD 2004/D26 | Income tax: consolidation: capital gains: does section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 apply to amounts of a liability that accrue after the time that the entity with the liability joins a consolidated group? | 14.07.04 |
| TD 2004/D27 | Income tax: consolidation: capital gains: does section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 apply to the later discharge of a liability owed by an entity that joins a consolidated group to a member of that group (intra-group liability)? | 14.07.04 |
| TD 2004/D28 | Income tax: consolidation: capital gains: does section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 only apply to a liability that an entity has when it joins a consolidated group and the entity has an allocable cost amount worked out for it? | 14.07.04 |
| TD 2004/D29 | Income tax: consolidation: capital gains: does the determination of a capital gain or loss under section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 require a full reconstruction of the allocable cost amount at the joining time in relation to the relevant liability? | 14.07.04 |
| TD 2004/D30 | Income tax: consolidation asset cost setting rules: are distributions paid up a chain of entities sourced from profits in a lower-tier entity that did not accrue to the joined group added at step 3 of the entry ACA of the higher-tier entity? | 21.07.04 |
| TD 2004/D31 | Income tax: consolidation asset cost setting rules: should profits that accrue to a consolidated group be counted under step 3 of the ACA where those profits recouped non-economic losses that accrued to the group? | 21.07.04 |
| TD 2004/D32 | Income tax: consolidation asset cost setting rules: step 3 of the ACA: is the 'retained profits' amount referred to in subsection 705-90(2) a cumulative retained profits balance? | 21.07.04 |
| TD 2004/D33 | Income tax: consolidation asset cost setting rules: step 3 of the ACA: how do you work out the paragraph 705-90(6)(b) amount where only some of the undistributed profits have recouped losses prior to the joining time? | 21.07.04 |
| TD 2004/D34 | Income tax: consolidation asset cost setting rules: will an amount be subtracted under step 4 of the allocable cost amount under subparagraph 705-90(b)(ii) of the Income Tax Assessment Act 1997 where there has been a distribution of profits accrued to the joined group that recouped losses accrued to that group? | 21.07.04 |
| TD 2004/D35 | Income tax: consolidation asset cost setting rules: should distributions of profits accrued to the joined group that recoup losses accrued to the group be counted when determining the step 4 amount of the allocable cost amount on formation of a transitional consolidated group? | 21.07.04 |
| TD 2004/D36 | Income tax: consolidation asset cost setting rules: how do you work out the amount subtracted at step 5 of the allocable cost amount where the loss taken into account under subsection 705-100(1) may also reduce the step 3 amount? | 21.07.04 |
| TD 2004/D37 | Income tax: consolidation asset cost setting rules: step 4 of the ACA: should tax losses or net capital losses transferred to a joining entity be taken into account when determining whether there will be a subtraction at subparagraph 705-95(b)(ii)? | 21.07.04 |
| TD 2004/D38 | Income tax: consolidation asset cost setting rules: step 3 of the ACA: should tax losses or net capital losses transferred to a joining entity be taken into account when determining whether the amount should be excluded at paragraph 705-90(6)(b)? | 21.07.04 |
| TD 2004/D39 | Income tax: consolidation asset cost setting rules: are taxed profits considered before untaxed profits when determining which profits are included in step 3 (subsection 705-90(3))? | 21.07.04 |
| TD 2004/D40 | Income tax: consolidation: can the head company of a consolidated group claim a deduction under section 8-1 of the Income Tax Assessment Act 1997 for interest paid on funds borrowed before consolidation and on-lent interest-free to a subsidiary member of the consolidated group? | 21.07.04 |
| TD 2004/D41 | Income tax: consolidation is regard taken of intra-group money lending transactions or dealings in determining if the head company of a consolidated group is carrying on business as a money lender? | 21.07.04 |
| TD 2004/D42 | Income tax: consolidation and capital gains tax: does CGT event A1 in section 104-10 of the Income Tax Assessment Act 1997 happen to the head company of a consolidated group when a subsidiary member transfers a licence, granted to it by another member, to a non-group entity for no capital proceeds? | 28.07.04 |
| TD 2004/D43 | Income tax: consolidation: general insurance: are accounting liabilities for unearned premiums adjusted under subsections 705-75(1) and 705-80(1) of the Income Tax Assessment Act 1997 for the purposes of working out the allocable cost amount for a joining entity that is a general insurance company? | 25.08.04 |
| TD 2004/D44 | Income tax: what amount of deduction is available under section 40-25 of the Income Tax Assessment Act 1997 for the decline in value of copyright in patient records in respect of arrangements similar to those described in Taxpayer Alert 2004/5? | 01.09.04 |
| TD 2004/D45 | Income tax: can the assignment of an intra-group debt or income stream to an entity that is not a member of the consolidated group give rise to a debt interest for the head company of the group under Division 974 of the Income Tax Assessment Act 1997 | 25.08.04 |
| TD 2004/D46 | Income tax: can Division 16E of Part III of the Income Tax Assessment Act 1936 apply to a head company of a consolidated group where the principal of an intra-group loan is assigned by a member of the group to a non-member? | 25.08.04 |
| TD 2004/D47 | Income tax: can Division 16E of Part III of the Income Tax Assessment Act 1936 apply to a head company of a consolidated group where an intra-group income stream is assigned by a member of the group to a non-member? | 25.08.04 |
| TD 2004/D48 | Income tax: consolidation: are the voting interests in a foreign company held by a subsidiary member of a consolidated group treated as being voting interests of the head company of the group when determining whether section 23AJ of the Income Tax Assessment Act 1936 applies to a dividend paid to the group? | 25.08.04 |
| TD 2004/D49 | Income tax: consolidation: can a head company of a consolidated group satisfy paragraph 25-35(1)(b) of the Income Tax Assessment Act 1997 for money lent by an entity in the ordinary course of its business of lending money where the entity joins the consolidated group and the debt is later written off as bad? | 25.08.04 |
| TD 2004/D50 | Income tax: consolidation: can the head company of a transitional group make a capital loss under section 104-500 (CGT event L1) of the Income Tax Assessment Act 1997 in respect of a chosen transitional entity? | 01.09.04 |
| TD 2004/D51 | Income tax: consolidation: when calculating step 2 of the allocable cost amount for a joining entity, do section 705-75 or 705-80 of the Income Tax Assessment Act 1997 apply to a liability covered by subsection 705-70(2)? | 01.09.04 |
| TD 2004/D52 | Income tax: consolidation: Division 7A: if a private company that is a head company or subsidiary member of a consolidated group makes a payment or a loan, or forgives a debt to a shareholder (or shareholder's associate) external to the consolidated group, does the single entity rule apply to the calculation of the distributable surplus under section 109Y of the Income Tax Assessment Act 1936? | 01.09.04 |
| TD 2004/D53 | Income tax: consolidation: Division 7A: if a private company, as a member of a consolidated group, makes a payment, a loan or forgives a debt to a shareholder (or shareholder's associate), that is also a member of the consolidated group, does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 prevent the application of Division 7A of the Income Tax Assessment Act 1936 to the transaction? | 01.09.04 |
| TD 2004/D54 | Income tax: for the condition outlined in subsection 707-328(4) of the Income Tax (Transitional Provisions) Act 1997, are Subdivisions 170-A and 170-B of the Income Tax Assessment Act 1997 applied as if they had not been amended by Schedule 3 to Act 68 of 2002, to only provide for loss transfers involving an Australian branch of a foreign bank? | 01.09.04 |
| TD 2004/D55 | Income tax: consolidation: general insurance: do subsections 705-75(1) and 705-80(1) of the Income Tax Assessment Act 1997 apply to any part of an accounting liability for outstanding claims for the purposes of working out step 2 of the allocable cost amount for a joining entity that is a general insurance company? | 01.09.04 |
| TD 2004/D56 | Income tax: consolidation: is an adjustment under section 705-160 of the Income Tax Assessment Act 1997 required where the relevant membership interests are in a chosen transitional entity with losses? | 08.09.04 |
| TD 2004/D57 | Income tax: consolidation: life insurance: do sections 705-75 and 705-80 of the Income Tax Assessment Act 1997 apply to a policy liability that has been valued under section 713-520 for the purposes of working out step 2 of the allocable cost amount for a joining entity that is a life insurance company? | 08.09.04 |
| TD 2004/D58 | Income tax: consolidation: where the head company and a chosen transitional entity in a consolidated group hold separate membership interests in a non-chosen subsidiary, how does the group calculate the allocable cost amount for the non-chosen subsidiary? | 08.09.04 |
| TD 2004/D59 | Income tax: consolidation: is there any apportionment under section 707-335 of the Income Tax Assessment Act 1997 to the limits calculated under subsection 707-350(3) of the Income Tax (Transitional Provisions) Act 1997 regarding the utilisation of losses? | 08.09.04 |
| TD 2004/D60 | Income tax: consolidation: does the phrase 'is taken into account at a later time' in paragraph 705-80(1)(a) of the Income Tax Assessment Act 1997 require that an accounting liability, or a change in the amount of an accounting liability, of a joining entity that is first recognised after the joining time be examined when determining whether or not section 705-80 of that Act applies? | 08.09.04 |
| TD 2004/D61 | Income tax: consolidation: can section 705-80 of the Income Tax Assessment Act 1997 apply to a liability (or a change in a liability) that is recognised for accounting purposes because of an event that occurred after the joining time that provides new evidence of conditions that existed at the joining time? | 08.09.04 |
| TD 2004/D62 | Income tax: consolidation: can an amount be included in the step 1 amount as well as the step 2 amount of the allocable cost amount calculation in section 705-60 of the Income Tax Assessment Act 1997? | 15.09.04 |
| TD 2004/D63 | Income tax: consolidation: if a transitional group has a non-chosen subsidiary in which all membership interests of the head company are held indirectly through a chosen transitional entity, and the non-chosen subsidiary has accrued profits, can an adjustment arise under section 705-160 of the Income Tax Assessment Act 1997 when working out the head company adjusted allocable amount under section 701-20 of the Income Tax (Transitional Provisions) Act 1997 for another non-chosen subsidiary? | 15.09.04 |
| TD 2004/D64 | Income tax: consolidation: does the continuing majority-owned entity test in subsections 701A-1(1) and 701A-1(2) of the Income Tax (Transitional Provisions) Act 1997 require tracing through interposed entities to the ultimate beneficial owners to determine whether there has been a change in the majority ownership of an entity during the period from 27 June 2002 until the entity becomes a subsidiary member of a consolidated group? | 15.09.04 |
| TD 2004/D65 | Income tax: If a shareholder borrows from a private company under a clause in the company's constitution setting out the terms on which such loans are to be made, is there a 'written agreement' for the purposes of paragraph 109N(1)(a) of Division 7A of the Income Tax Assessment Act 1936? | 06.10.04 |
| TD 2004/D66 | Income tax: are payments to a volunteer respite carer to cover expenses of providing respite care for a disabled person assessable income | 24.09.04 |
| TD 2004/D67 | Income tax: consolidation: capital gains: if an entity makes a capital gain prior to becoming a subsidiary member of a consolidated group, can it choose to apply the small business replacement asset roll-over under Subdivision 152-E of the Income Tax Assessment Act 1997 if it acquires a replacement asset after it has joined the consolidated group? | 06.10.04 |
| TD 2004/D68 | Income tax: consolidation: capital gains: does an entity permanently lose its status as an 'originating company', in respect of a deferral event in subsection 170-255(1) of the Income Tax Assessment Act 1997, when the entity becomes a subsidiary member of a consolidated group? | 06.10.04 |
| TD 2004/D69 | Income tax: consolidation: capital gains: does the deregistration of a subsidiary member of a consolidated group cause a 'new event' to happen under paragraph 170-275(1)(a) of the Income Tax Assessment Act 1997 if, before it joined that group, a transfer of shares in the subsidiary was a 'deferral event' under section 170-255 and group's head company is the 'originating company' for the deferral event? | 06.10.04 |
| TD 2004/D70 | Income tax: consolidation: capital gains: can the exemption in section 152-125 of the Income Tax Assessment Act 1997 apply to a payment made by the head company of a consolidated group to a CGT concession stakeholder of the head company in respect of a capital gain made on the disposal of an asset legally owned by a subsidiary member of the group for which the head company obtained the small business 15 year exemption? | 06.10.04 |
| TD 2004/D71 | Income tax: consolidation: capital gains: which entity acquires a CGT asset, and when, if a contract to acquire the asset is entered into by an entity before it joins a consolidated group as a subsidiary member and the contract settles after joining? | 06.10.04 |
| TD 2004/D72 | Income tax: consolidation: capital gains: to which entity does a CGT event happen, and when, if a contract to sell a CGT asset entered into by an entity before it joins a consolidated group as a subsidiary member settles after joining? | 06.10.04 |
| TD 2004/D73 | Income tax: consolidation: capital gains: which entity acquires a CGT asset, and when, if a contract to acquire the asset is entered into by a subsidiary member of a consolidated group and the contract settles after the subsidiary has left the group? | 06.10.04 |
| TD 2004/D74 | Income tax: consolidation: can the head company of a consolidated group claim a deduction, following Taxation Ruling IT 333, for a consumable's tax cost setting amount when the consumable is used, where: (a) an entity acquired the consumable before it became a subsidiary member of the consolidated group (the joining time); and (b) at the joining time, some of the consumable remained on-hand and its expenditure had not been fully deducted? | 08.12.04 |
| TD 2004/D75 | Income tax: consolidation: can the head company of a consolidated group claim a deduction, under section 8-1 of the Income Tax Assessment Act 1997, for a consumable's tax cost setting amount where: (a) an entity acquired the consumable before it became a subsidiary member of the consolidated group (the joining time); (b) the expenditure incurred in purchasing the consumable was deductible by the entity in the income year in which it was incurred; and (c) at the joining time, some or all of the consumable remained on-hand? | 08.12.04 |
| TD 2004/D76 | Income tax: for the purposes of Division 974 of the Income Tax Assessment Act 1997, does an issuing company have an effectively non-contingent obligation to provide a financial benefit by way of periodic interest returns on an interest bearing convertible note from the time that it can be converted at the issuing company's option into ordinary shares in that company? | 17.11.04 |
| TD 2004/D77 | Income tax: does a resident of a country with which Australia has a Tax Treaty, have a permanent establishment solely from the sale of trading stock through an internet website hosted by an Australian resident internet service provider? | 24.11.04 |
| TD 2004/D78 | Income tax: is the income derived from a property syndicate that is structured to comply with the requirements of the managed investment scheme provisions of the Corporations Act 2001 taxable as net income of a trust estate under Division 6 of Pt III of the Income Tax Assessment Act 1936? | 24.11.04 |
| TD 2004/D79 | Income tax: consolidation: does the phrase 'could be recognised in the joining entity's statement of financial position; in subsection 705-90(2) of the Income Tax Assessment Act 1997 refer to the application of accounting policies consistent with the established accounting framework in preparing an entity's notional statement of financial position as at the joining time? | 17.11.04 |
| TD 2004/D80 | Income tax: consolidation: does a capital gain arise upon the payment of a foreign currency denominated trade receivable in excess of its tax cost setting amount? | 08.12.04 |
| TD 2004/D81 | Income tax: consolidation: will a choice to consolidate under Part 3-90 of the Income Tax Assessment Act 1997 affect the method of income recognition of the consolidated group? | 08.12.04 |
| TD 2004/D82 | Income tax: will Part IVA of the Income Tax Assessment Act 1936 always apply if a business (including a personal services business) pays superannuation contributions that are considerably in excess of the value of the services provided by the employee? | 22.12.04 |
| TD 2004/D83 | Income tax: does subsection 23AG(2) of the Income Tax Assessment Act 1936 apply where foreign earnings are exempt from tax in the foreign country for a reason listed in that subsection as well as a reason not listed? | 22.12.04 |
| TD 2004/D84 | Income tax: does subsection 23AG(2) of the Income Tax Assessment Act 1936 apply where foreign earnings are exempt from tax in the foreign country for one or more of the reasons listed in that subsection and there is no additional reason for exempting that income? | 22.12.04 |
| TD 2004/D85 | Income tax: consolidation: can the head company of a consolidated group claim a deduction, under section 8-1 or section 25-95 of the Income Tax Assessment Act 1997, for the tax cost setting amount of partly performed work which has not yet given rise to a recoverable debt? | 15.12.04 |
| TD 2004/D86 | Income tax: section 8-1 of the Income Tax Assessment Act 1997: refinancing a capital protected loan facility: interest deductibility | 22.12.04 |
| TD 2004/D87 | Income tax: section 8-1 of the Income Tax Assessment Act 1997: capital protected loan facility with a reset feature: interest deductibility | 22.12.04 |
| TD 2004/D88 | Income tax: section 8-1 of the Income Tax Assessment Act 1997: capital protected loan facility with a trading feature: interest deductibility | 22.12.04 |
| TD 2004/D89 | Income tax: section 8-1 of the Income Tax Assessment Act 1997: capital protected loan facility with a call option writing feature: interest deductibility | 22.12.04 |
| TD 2004/D90 | Income tax: consolidation: is a unit in a cash management trust a retained cost base asset? | 22.12.04 |
| TD 2004/D91 | Income tax: consolidation: is Australian currency, where it is taken to be foreign currency under section 960-80 of the Income Tax Assessment Act 1997 for the purposes of the functional currency provisions, treated as a retained cost base asset under the consolidation regime? | 22.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| TD 2000/D13 | Income tax: capital gains: for the 'net value' test in subsection 104-230(2) of the Income Tax Assessment Act 1997 to be satisfied, are the requirements of paragraphs 104-230(2)(a) and 104-230(2)(b) mutually exclusive? | 23.06.04 |
| TD 2000/D14 | Income tax: capital gains: in working out the 'net value' of a company or trust for the purposes of subsection 104-230(2) of the Income Tax Assessment Act 1997, does the word 'assets' in the definition of 'net value', for an entity, in subsection 995-1(1) include: (a) assets, capital gains and capital losses from which are disregarded for capital gains purposes; (b) trading stock; and (c) 'off-balance sheet' assets, and does the word 'liabilities' include contingent liabilities? | 23.06.04 |
| TD 2000/D15 | Income tax: capital gains: what is meant by the expression 'property referred to in subsection (2)' as used in subsection 104-230(6) of the Income Tax Assessment Act 1997? | 23.06.04 |
| TD 2000/D16 | Income tax: capital gains: if CGT event K6 happens in relation to pre-CGT shares you own in a company, what property do you refer to in calculating your capital gain under subsection 104-230(6) of the Income Tax Assessment Act 1997? | 23.06.04 |
| TD 2000/D17 | Income tax: capital gains: if you dispose of pre-CGT shares in a company and CGT event K6 in section 104-230 of the Income Tax Assessment Act 1997 happens, how do you calculate your capital gain? | 23.06.04 |
| TD 2000/D18 | Income tax: capital gains: does a company in which you own pre-CGT shares need to have acquired property at least 12 months before CGT event K6 (about pre-CGT shares and trust interests) in section 104-230 of the Income Tax Assessment Act 1997 happens for you to be able to index the cost base of the property? | 23.06.04 |
| TD 2000/D19 | Income tax: capital gains: for a capital gain you make on CGT event K6 happening in relation to pre-CGT shares you own in a company: (a) are you entitled to the general CGT discount in Division 115; and (b) are you entitled to the small business relief in Division 152? | 23.06.04 |
| TD 2003/D8 | Fringe benefits tax: an employee ('A') buys a residence in a remote area and leases it to his employer ('B'). A agrees to sacrifice an amount of salary and directs B to pay it to him as 'rent'. A continues to occupy the premises 'rent' free. Is B entitled to the remote area housing exemption? | 07.07.04 |
| TD 1999/D28 | Income tax and fringe benefits tax: is a reward (other than a 'flight reward') received under a 'consumer loyalty program' that results from business expenditure assessable as income or subject to fringe benefits tax? | 14.07.04 |
| TD 2004/D14 | Income tax: consolidation: capital gains: is the period of ownership of an asset by a subsidiary member who brings it into the consolidated group taken into account in determining whether the head company has continuously owned the asset for the purposes of the small business 15 year exemption in Subdivision 152-B of the Income Tax Assessment Act 1997? | 06.10.04 |
| Ruling | Title | Issue date |
|---|---|---|
| TD 2004/1 | Income tax: are the costs of subscriptions to share market information services and investment journals deductible under section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997)? | 14.01.04 |
| TD 2004/2 | Income tax: capital gains: is reflection in the 'value' of an asset sufficient to constitute reflection in its 'state' or 'nature' for the fourth element of cost base and reduced cost base (subsections 110-25(5) and 110-55(2) of the Income Tax Assessment Act 1997 and what are the implications of this issue for a shareholder that makes a non-scrip share capital contribution to a company? | 18.02.04 |
| TD 2004/3 | Income tax: capital gains: does an asset 'pass' to a beneficiary of a deceased estate under section 128-20 of the Income Tax Assessment Act 1997 if the beneficiary becomes absolutely entitled to the asset as against the trustee of the estate? | 17.03.04 |
| TD 2004/4 | Income tax: is a dividend paid before 1 July 1987 an unfranked dividend for the purposes of section 705-50 of the Income Tax Assessment Act 1997? | 31.03.04 |
| TD 2004/5 | Income tax: is the parent responsible for payment of school fees assessable on a discount arising from a prepayment of the fees? | 31.03.04 |
| TD 2004/6 | Income tax: is a school's tax exempt status disturbed if it permits prepayments of school fees or offers discounts for prepayments of fees? | 31.03.04 |
| TD 2004/7 | Income tax: can a prepayment of school fees be a deductible gift to a school-building fund? | 31.03.04 |
| TD 2004/8 | Fringe benefits tax: for the purposes of Division 7 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 2004? | 31.03.04 |
| TD 2004/9 | 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 2004? | 31.03.04 |
| TD 2004/10 | Fringe benefits tax: what are the indexation factors for valuing non-remote housing for the fringe benefits tax year commencing on 1 April 2004? | 31.03.04 |
| TD 2004/11 | 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 2004? | 31.03.04 |
| TD 2004/12 | Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 2004? | 31.03.04 |
| TD 2004/13 | Income tax: capital gains: can CGT event E1 in section 104-55 of the Income Tax Assessment Act 1997 happen to a shareholder in a company in voluntary administration under Part 5.3A of the Corporations Act 2001 who declares a trust over their shares? | 07.04.04 |
| TD 2004/14 | Income tax: capital gains: does CGT event E2 in section 104-60 of the Income Tax Assessment Act 1997 happen if a CGT asset is transferred between two trusts and the beneficiaries and terms of both trusts are the same? | 21.04.04 |
| TD 2004/15 | Income tax: capital gains: what is the improvement threshold for the 2004-2005 income year under section 108-85 of the Income Tax Assessment Act 1997? | 26.05.04 |
| TD 2004/16 | 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 2004? | 19.05.04 |
| TD 2004/17 | Income tax: does the payment of a 'commercial debt' by a guarantor, pursuant to a pre-existing guarantee, constitute forgiveness of the debt under section 245-35 of Schedule 2C of the Income Tax Assessment Act 1936? | 23.06.04 |
| TD 2004/18 | Income tax: what are the thresholds and limits for superannuation amounts in 2004-2005? | 11.06.04 |
| TD 2004/19 | Income tax: what are the reasonable travel and meal allowance expense amounts for 2004-05? | 23.06.04 |
| TD 2004/20 | Income tax: where the Commissioner makes or amends a fringe benefits tax assessment for a fringe benefits tax year, when does the taxpayer incur an outgoing for the purposes of section 8-1 of the Income Tax Assessment Act 1997 for the fringe benefits tax assessed? | 23.06.04 |
| TD 2004/21 | Income tax: where a fringe benefits tax liability is deductible to a taxpayer under section 8-1 of the Income Tax Assessment Act 1997, is a later refund or reduction of that liability, as a result of an amended fringe benefits assessment, an assessable recoupment for the purposes of subsection 20-20(3) that must be included in the taxpayer's assessable income under subsection 20-35(1)? | 23.06.04 |
| TD 2004/22 | Income tax: for Off-Market Share Buy-Backs of listed shares, whether the buy-back price is set by tender process or not, what is the market value of the share for the purposes of subsection 159GZZZQ(2) of the Income Tax Assessment Act 1936? | 30.06.04 |
| TD 2004/23 | Income tax: where a trustee of a public fund under item 2 of the table in section 30-15 of the Income Tax Assessment Act 1997 has an obligation or otherwise gives an assurance to apply funds in accordance with requests from a donor, is a separate fund created? If so, is the separate fund a public fund entitled to be endorsed as a deductible gift recipient? | 30.06.04 |
| TD 2004/24 | Income tax: is there a deemed assessment under section 166A of the Income Tax Assessment Act 1936 when a company lodges a 'non-taxable return' for a year of income? | 30.06.04 |
| 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? | 07.07.04 |
| TD 2004/26 | Income tax: does an arrangement under which an employee and his employer lease and leaseback the employee's private residence and some of the employee's remuneration is replaced with income from property entitle the employee to a deduction for expenditure in relation to the residence under section 8-1 of the Income Tax Assessment Act 1997? | 07.07.04 |
| TD 2004/27 | Income tax: what is the car limit to be used for the 2004-2005 financial year? | 30.06.04 |
| TD 2004/28 | Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2004 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used? | 07.07.04 |
| TD 2004/29 | Income tax: can section 79D of the Income Tax Assessment Act 1936 operate to limit deductions available under Division 10B or Division 10BA of Part III of the Income Tax Assessment Act 1936? | 14.07.04 |
| TD 2004/30 | Income tax: capital gains tax: do input tax credits reduce a CGT asset's cost base and reduced cost base, worked out under sections 110-25 and 110-55 of the Income Tax Assessment Act 1997, and other equivalent amounts used in working out a capital gain or loss from a CGT event that happens in respect of the asset on or before 19 February 2004? | 14.07.04 |
| TD 2004/31 | Income tax: which country is for the purposes of Part X of the Income Tax Assessment Act 1936 the country of residence of a UK Limited Partnership, a US Limited Partnership, a UK Limited Liability Partnership and a US Limited Liability Partnership being a non-resident corporate limited partnership within Part III Division 5A of the Act? | 14.07.04 |
| TD 2004/32 | Income tax: is a deduction available in respect of capital expenditure incurred after 30 June 2001 in obtaining or in seeking to obtain the grant or extension of the term of a patent, the registration or extension of the registration period of a design, or the registration of a copyright under section 68A of the Income Tax Assessment Act 1936 or Division 40 of the Income Tax Assessment Act 1997? | 01.09.04 |
| TD 2004/33 | Income tax: consolidation: capital gains: does a CGT event happen to the head company of a consolidated group if a debt is created within the consolidated group and later transferred to a non-group entity? | 22.09.04 |
| TD 2004/34 | Income tax: consolidation: capital gains: does section 104-10 (CGT event A1) of the Income Tax Assessment Act 1997 apply to the head company of a consolidated group where an option granted within the consolidated group is later transferred to a non-group entity? | 22.09.04 |
| TD 2004/35 | Income tax: consolidation and capital gains tax: does section 104-10 (CGT event A1) of the Income Tax Assessment Act 1997 apply to the head company of a consolidated group where a licence granted within the consolidated group is later transferred to a non-group entity for no capital proceeds? | 22.09.04 |
| TD 2004/36 | Income tax: consolidation: can the head company of a consolidated group claim a deduction under section 8-1 of the Income Tax Assessment Act 1997 for interest paid on funds borrowed before consolidation and on-lent interest-free to a subsidiary member of the consolidated group? | 22.09.04 |
| TD 2004/37 | Income tax: consolidation: are intra-group money lending transactions or dealings taken into account in determining if the head company of a consolidated group is carrying on business as a money lender? | 22.09.04 |
| TD 2004/38 | Income tax: value of goods taken from stock for private use for the 2004-2005 income year | 29.09.04 |
| TD 2004/39 | Income tax: consolidation: capital gains: does CGT event A1 in section 104-10 of the Income Tax Assessment Act 1997 happen to the head company of a consolidated group if an asset is sold by a subsidiary member to an entity outside the group? | 06.10.04 |
| TD 2004/40 | Income tax: consolidation: capital gains: does CGT event A1 in section 104-10 of the Income Tax Assessment Act 1997 happen to the head company of a consolidated group when a contract is made to sell a membership interest in a subsidiary member of the group to a purchaser outside the group? | 06.10.04 |
| TD 2004/41 | Income tax: consolidation: capital gains: can membership interests in a subsidiary member of a consolidated group be recognised for the purpose of applying the market value substitution rule in section 116-30 of the Income Tax Assessment Act 1997 if CGT event A1 happens to the group's head company when a contract is entered into to dispose of the interests? | 06.10.04 |
| TD 2004/42 | Income tax: consolidation: capital gains: does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 affect the application of CGT event I1 in section 104-160 if a company which is a subsidiary member of a consolidated group stops being an Australian resident? | 06.10.04 |
| TD 2004/43 | Income tax: consolidation: capital gains: for the purposes of the capital gains tax provisions in Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997, is the head company of a consolidated group taken to have acquired an asset, which a subsidiary member brings to the group, at the same time that the subsidiary member acquired it? | 06.10.04 |
| TD 2004/44 | Income tax: consolidation: capital gains: does the transfer of an asset between members of a consolidated group affect the ownership period of the head company for the purposes of applying the small business 15 year exemption in Subdivision 152-B of the Income Tax Assessment Act 1997? | 06.10.04 |
| TD 2004/45 | Income tax: consolidation: capital gains: how does the controlling individual condition in paragraph 152-110(1)(c) of the Income Tax Assessment Act 1997 (one of the conditions for the small business 15 year exemption in Subdivision 152-B) apply to the head company of a consolidated group in respect of the sale of an asset brought into the group by a subsidiary member? | 06.10.04 |
| TD 2004/46 | Income tax: consolidation: capital gains: is the controlling individual condition in paragraph 152-305(2)(b) of the Income Tax Assessment Act 1997 (one of the conditions for the small business retirement exemption) applied to the head company of a consolidated group? | 06.10.04 |
| TD 2004/47 | Income tax: consolidation: capital gains: does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 affect the application of the controlling individual test in paragraph 152-10(2)(a) when a CGT event happens to a share or trust interest that is a membership interest in a subsidiary member (company or trust) of a consolidated group? | 06.10.04 |
| TD 2004/48 | Income tax: consolidation: capital gains: for the purposes of Subdivision 125-C of the Income Tax Assessment Act 1997, can the head company of a consolidated group meet the requirements of a demerging entity in subsection 125-70(7) where a subsidiary member is demerged from the group? | 06.10.04 |
| TD 2004/49 | Income tax: consolidation: capital gains: does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 apply in determining whether the consequences in Subdivision 125-C of the Income Tax Assessment Act 1997 apply to the head company of a consolidated group where one or more subsidiary members hold ownership interests in an entity outside the group that is being demerged? | 06.10.04 |
| TD 2004/50 | Income tax: consolidation: capital gains: if a subsidiary member of a consolidated group acquires shares in a company outside the group (the original company) under a scrip for scrip arrangement, is the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 relevant in determining the eligibility for rollover of shareholders in the original company? | 06.10.04 |
| TD 2004/51 | Income tax: consolidation: capital gains: does section 124-784 of the Income Tax Assessment Act 1997 apply to determine the cost base of equity or debt issued by an acquiring entity to its ultimate holding company as part of a scrip for scrip arrangement if those companies are members of a consolidated group? | 06.10.04 |
| TD 2004/52 | Income tax: consolidation tax cost setting rules: why are adjustments made under steps 3 and 4 of the allocable cost amount calculation in respect of the profits and losses of a joining entity that have accrued to the joined group? | 27.10.04 |
| TD 2004/53 | Income tax: consolidation tax cost setting rules: are distributions paid up a chain of entities sourced from profits in a lower-tier entity that did not accrue to the joined group added at step 3 of the entry allocable cost amount of the higher-tier entity? | 27.10.04 |
| TD 2004/54 | Income tax: consolidation tax cost setting rules: is the amount of the adjustment under paragraph 705-90(6)(b) of the Income Tax Assessment Act 1997 different depending upon whether the recouped losses are economic or non-economic losses? | 27.10.04 |
| TD 2004/55 | Income tax: consolidation tax cost setting rules: step 3 of the allocable cost amount: is the 'retained profits' amount referred to in subsection 705-90(2) of the Income Tax Assessment Act 1997 a cumulative retained profits balance? | 27.10.04 |
| TD 2004/56 | Income tax: consolidation tax cost setting rules: step 3 of the allocable cost amount: how do you work out the paragraph 705-90(6)(b) of the Income Tax Assessment Act 1997 amount where only some of the undistributed profits of a year have recouped losses prior to the joining time? | 27.10.04 |
| TD 2004/57 | Income tax: consolidation tax cost setting rules: will an amount be subtracted under step 4 of the allocable cost amount under subparagraph 705-95(b)(ii) of the Income Tax Assessment Act 1997 where there has been a distribution of profits accrued to the joined group that recouped losses accrued to the group? | 27.10.04 |
| TD 2004/58 | Income tax: consolidation tax cost setting rules: should distributions of profits accrued to the joined group that recoup losses accrued to the group be counted when determining the step 4 amount of the allocable cost amount on formation of a transitional consolidated group? | 27.10.04 |
| TD 2004/59 | Income tax: consolidation tax cost setting rules: how do you work out the amount subtracted at step 5 of the allocable cost amount where the loss taken into account under subsection 705-100(1) of the Income Tax Assessment Act 1997 has also reduced the step 3 amount? | 27.10.04 |
| TD 2004/60 | Income tax: consolidation tax cost setting rules: step 4 of the allocable cost amount: should tax losses or net capital losses transferred to a joining entity be taken into account when determining whether there will be a subtraction at subparagraph 705-95(b)(ii) of the Income Tax Assessment Act 1997? | 27.10.04 |
| TD 2004/61 | Income tax: consolidation tax cost setting rules: step 3 of the allocable cost amount: should tax losses or net capital losses transferred to a joining entity be taken into account when determining whether an amount should be excluded at paragraph 705-90(6)(b) of the Income Tax Assessment Act 1997? | 27.10.04 |
| TD 2004/62 | Income tax: consolidation tax cost setting rules: how does subsection 701-30(2) of the Income Tax (Transitional Provisions) Act 1997 modify the step 3 amount under section 705-90 of the Income Tax Assessment Act 1997? | 27.10.04 |
| TD 2004/63 | Income tax: where a private company beneficiary of a trust estate is taken to have made a loan under section 109UB of the Income Tax Assessment Act 1936 because of a loan made by the trustee to a shareholder of the private company or shareholder's associate, are repayments made in relation to the trustee's loan taken into account in determining whether the private company is taken to have paid a dividend under section 109D? | 10.11.04 |
| TD 2004/64 | Income tax: consolidation: capital gains: does section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 apply to amounts of a liability that accrue after the time that the entity with the liability became a subsidiary member of a consolidated group? | 03.11.04 |
| TD 2004/65 | Income tax: consolidation: capital gains: does section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 apply where (a) an entity becomes a member of a consolidated group; (b) the entity owes a liability to another member of the group at that time; and the liability is later discharged? | 03.11.04 |
| TD 2004/66 | Income tax: consolidation: capital gains: does section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 only apply if an allocable cost amount is worked out for an entity? | 03.11.04 |
| TD 2004/67 | Income tax: consolidation: capital gains: does the determination of a capital gain or loss under section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 require a full reconstruction of the allocable cost amount in relation to the relevant liability? | 03.11.04 |
| TD 2004/68 | Income tax: consolidation: Division 7A: if a private company that is a head company or subsidiary member of a consolidated group makes a payment or a loan, or forgives a debt to a shareholder (or shareholder's associate) external to the consolidated group, does the single entity rule apply to the calculation of the distributable surplus under section 109Y of the Income Tax Assessment Act 1936? | 01.12.04 |
| TD 2004/69 | Income tax: consolidation: Division 7A: if a private company, as a member of a consolidated group, makes a payment, a loan or forgives a debt to a shareholder (or shareholder's associate), that is also a member of the consolidated group, does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 prevent the application of Division 7A of the Income Tax Assessment Act 1936 to the transaction? | 01.12.04 |
| TD 2004/70 | Income tax: consolidation: does the phrase 'is taken into account at a later time' in paragraph 705-80(1)(a) of the Income Tax Assessment Act 1997 require that an accounting liability, or a change in the amount of an accounting liability, of a joining entity that is first recognised after the joining time be examined when determining whether or not section 705-80 of that Act applies? | 01.12.04 |
| TD 2004/71 | Income tax: consolidation: can section 705-80 of the Income Tax Assessment Act 1997 apply to a liability (or a change in a liability) that is recognised for accounting purposes because of an event that occurred after the joining time that provides new evidence of conditions that existed at the joining time? | 01.12.04 |
| TD 2004/72 | Income tax: consolidation: when calculating step 2 of the allocable cost amount for a joining entity, do section 705-75 or 705-80 of the Income Tax Assessment Act 1997 apply to an accounting liability covered by subsection 705-70(2)? | 08.12.04 |
| TD 2004/73 | Income tax: consolidation: where the head company and a chosen transitional entity in a consolidated group hold separate membership interests in a non-chosen subsidiary, how does the group calculate the allocable cost amount for the non-chosen subsidiary? | 08.12.04 |
| TD 2004/74 | Income tax: consolidation: can an amount be included in step 1 as well as step 2 of the allocable cost amount calculation in section 705-60 of the Income Tax Assessment Act 1997? | 08.12.04 |
| TD 2004/75 | Income tax: are payments to a volunteer respite carer to cover expenses of providing respite care for a disabled person assessable income? | 15.12.04 |
| TD 2004/76 | Income tax: consolidation: are the voting interests in a foreign company held by a subsidiary member of a consolidated group treated as being voting interests of the head company of the group when determining whether section 23AJ of the Income Tax Assessment Act 1936 applies to a dividend paid to the group? | 08.12.04 |
| TD 2004/77 | Income tax: consolidation: general insurance: are accounting liabilities for unearned premiums adjusted under subsections 705-75(1) and 705-80(1) of the Income Tax Assessment Act 1997 for the purposes of working out the allocable cost amount for a joining entity that is a general insurance company? | 15.12.04 |
| TD 2004/78 | Income tax: consolidation: general insurance: do subsections 705-75(1) and 705-80(1) of the Income Tax Assessment Act 1997 apply to any part of an accounting liability for outstanding claims for the purposes of working out step 2 of the allocable cost amount for a joining entity that is a general insurance company? | 15.12.04 |
| TD 2004/79 | Income tax: consolidation: capital gains: if an entity makes a capital gain prior to becoming a subsidiary member of a consolidated group, can it choose to apply the small business replacement asset roll-over under Subdivision 152-E of the Income Tax Assessment Act 1997 if it acquires a replacement asset after it has become a member of the group? | 15.12.04 |
| TD 2004/80 | Income tax: consolidation: capital gains: does an entity permanently lose its status as an 'originating company', in respect of a deferral event in subsection 170-255(1) of the Income Tax Assessment Act 1997, when the entity becomes a subsidiary member of a consolidated group? | 15.12.04 |
| TD 2004/81 | Income tax: consolidation: capital gains: does the deregistration of a subsidiary member of a consolidated group cause a 'new event' to happen under paragraph 170-275(1)(a) of the Income Tax Assessment Act 1997 if, before the subsidiary joined that group, a transfer of shares in it was a 'deferral event' under section 170-255 and the group's head company is the 'originating company' for the deferral event? | 15.12.04 |
| TD 2004/82 | Income tax: consolidation: capital gains: can the exemption in section 152-125 of the Income Tax Assessment Act 1997 apply to a payment made by the head company of a consolidated group to a CGT concession stakeholder of the head company in respect of a capital gain made on the disposal of an asset legally owned by a subsidiary member of the group for which disposal the head company obtained the small business 15 year exemption? | 15.12.04 |
| TD 2004/83 | Income tax: can the assignment of an intra-group debt or income stream to an entity that is not a member of the consolidated group give rise to a debt interest for the head company of the group under Division 974 of the Income Tax Assessment Act 1997? | 15.12.04 |
| TD 2004/84 | Income tax: can Division 16E of Part III of the Income Tax Assessment Act 1936 apply to a head company of a consolidated group where the principal of an intra-group loan is assigned by a member of the group to a non-member? | 15.12.04 |
| TD 2004/85 | Income tax: can Division 16E of Part III of the Income Tax Assessment Act 1936 apply to a head company of a consolidated group where an intra-group income stream is assigned by a member of the group to a non-member? | 15.12.04 |
| TD 2004/86 | Income tax: if a shareholder borrows from a private company under a clause in the company's constitution setting out the terms on which such loans are to be made, is there a 'written agreement' for the purposes of paragraph 109N(1)(a) of Division 7A of the Income Tax Assessment Act 1936? | 22.12.04 |
| TD 2004/87 | Income tax: consolidation: can the head company of a transitional group make a capital loss under section 104-500 (CGT event L1) of the Income Tax Assessment Act 1997 in respect of the assets of a chosen transitional entity? | 22.12.04 |
| TD 2004/88 | Income tax: consolidation: does the continuing majority-owned entity test in subsections 701A-1(1) and 701A-1(2) of the Income Tax (Transitional Provisions) Act 1997 require tracing through interposed entities to the ultimate beneficial owners to determine whether there has been a change in the majority ownership of an entity during the period from 27 June 2002 until the entity becomes a subsidiary member of a consolidated group? | 22.12.04 |
| TD 2004/89 | Income tax: for the condition outlined in subsection 707-328(4) of the Income Tax (Transitional Provisions) Act 1997, are Subdivisions 170-A and 170-B of the Income Tax Assessment Act 1997 applied as if they had not been amended, by Schedule 3 to New Business Tax System (Consolidation) Act (No. 1) 2002, to only provide for loss transfers involving an Australian branch of a foreign bank? | 22.12.04 |
| TD 2004/90 | Income tax: consolidation: is there any apportionment under section 707-335 of the Income Assessment Act 1997 to the limits calculated under subsection 707-350(3) of the Income Tax (Transitional Provisions) Act 1997 regarding the utilisation of losses? | 22.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| TD 92/124 | Income tax: property development: in what circumstances is land treated as 'trading stock'? | 07.04.04 |
| TD 93/150 | Income tax: foreign exchange gains and losses of a capital nature - in what circumstances is a loan 'wholly or partly rolled over' under section 82W of the Income Tax Assessment Act 1936? | 27.10.04 |
| TD 94/88 | Income tax: does Division 3B of Part III of the Income Tax Assessment Act 1936 (Division 3B) apply to ordinary shares denominated in foreign currency? | 27.10.04 |
| TD 94/31 | Income tax: capital gains: what is meant by the term 'original beneficial owner' as used in subsection 160ZZI(3) of the Income Tax Assessment Act 1936? | 15.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| TD 92/161 | Income tax: property development: if land originally acquired (before 20 September 1985) and used as a farm, is later ventured into a business of subdivision, development and sale, how are proceeds on the sale of a block returned as assessable income? | 07.04.04 |
| TD 93/2 | Income tax: capital gains: how is the 'net value' of a business determined for the purposes of section 160ZZR? | 19.05.04 |
| TD 96/9 | Income tax: capital gains: is roll-over relief under section 160ZZO of the Income Tax Assessment Act 1936 available on the disposal of an asset after 25 June 1992 under subsection 160M(6) or subsection 160M(7)? | 19.05.04 |
| TD 92/149 | Income tax: capital gains: if section 160ZZT applies to a shareholder in respect of the disposal of pre-CGT shares in a private company, how is the deemed capital gain determined? | 23.06.04 |
| TD 93/239 | Income tax: capital gains: where section 160ZZT of the Income Tax Assessment Act 1936 applies to deem that a capital gain has accrued in regard to the disposal of a share in a private company or an interest in a private trust estate, can subsection 160ZD(2) operate to deem that the consideration received in respect of the disposal is an amount equivalent to market value? | 23.06.04 |
| TD 93/238 | Income tax: capital gains: will subsection 160M(7) of the Income Tax Assessment Act 1936 apply where there is an act, transaction or event in relation to an asset and no consideration is received or receivable by reason of that act, transaction or event? | 07.07.04 |
| TD 94/78 | Income tax: capital gains: is rollover relief available if a taxpayer receives cash and an asset as compensation for the compulsory acquisition of an asset? | 07.07.04 |
| TD 1999/46 | Income tax: capital gains: is there roll-over under section 126-5 or 126-15 of the Income Tax Assessment Act 1997 if a CGT event happens because of a maintenance agreement registered under section 86 of the Family Law Act 1975? | 08.09.04 |
| TD 93/67 | Fringe benefits tax: under Australia's double taxation agreements (DTAs), are overseas airline companies exempt from the payment of fringe benefits tax (FBT) on benefits provided to employees who exercise their employment in Australia | 29.09.04 |
| TD 93/200 | Fringe benefits tax: where a housing fringe benefit is provided in a 'remote area' location, to: (a) an employee who is related to the employer, or (b) an employee who is also a shareholder and/or director of the employer company, does the 50% reduction available under subsection 29(1) of the Fringe Benefits Tax Assessment Act 1986, always apply? | 29.09.04 |
| TD 93/201 | Fringe benefits tax: where a housing benefit is provided in a 'remote area' to an employee who is also a shareholder and/or director of the employer company, may an employer always elect to use the statutory amount available under subsection 29(1) of the Fringe Benefits Tax Assessment Act? | 29.09.04 |
| TD 95/3 | Income tax: Offshore Banking Units (OBU): is an OBU required to maintain separate bank accounts and separate nostro accounts? | 27.10.04 |
| TD 93/124 | Income tax: what is the threshold for the goodwill exemption for the income year 1993-94 and what is its associated indexation factor? | 24.11.04 |
| TD 94/57 | Income tax: capital gains: for the 1994-95 income year, (a) what is the indexation factor for section 160ZZR (exemption of part of gain attributable to goodwill) of the Income Tax Assessment Act 1936; and (b) what is the associated exemption threshold? | 24.11.04 |
| TD 95/24 | Income tax: capital gains: for the 1995-96 income year: (a) what is the indexation factor for section 160ZZR (exemption of part of gain attributable to goodwill) of the Income Tax Assessment Act 1936; and (b) what is the associated exemption threshold? | 24.11.04 |
| TD 96/31 | Income tax: capital gains: for the 1996-97 income year: (a) what is the indexation factor for section 160ZZR (exemption of part of gain attributable to goodwill) of the Income Tax Assessment Act 1936; and (b) what is the associated exemption threshold? | 24.11.04 |
| TD 97/13 | Income tax: capital gains: for the 1997-98 income year: (a) what is the indexation factor for section 160ZZR (exemption of part of gain attributable to goodwill) of the Income Tax Assessment Act 1936; and (b) what is the associated exemption threshold? | 24.11.04 |
| TD 98/14 | Income tax: capital gains: what is the business exemption threshold for the 1998-99 income year under section 118-260 of the Income Tax Assessment Act 1997? | 24.11.04 |
| TD 1999/30 | Income tax: capital gains: what is the business exemption threshold for the 1999-2000 income year under section 118-260 of the Income Tax Assessment Act 1997? | 24.11.04 |
Class Rulings
4. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| CR 2004/1 | Income tax: AXA SA 2001 Traditional Plan Share Offer for Australian employees | 14.01.04 |
| CR 2004/2 | Income tax: AXA SA 2002 Traditional Plan Share Offer for Australian employees | 14.01.04 |
| CR 2004/3 | Income tax: AXA SA 2001 Leveraged Plan Share Offer for Australian employees | 14.01.04 |
| CR 2004/4 | Income tax: AXA SA 2002 Leveraged Plan Share Offer for Australian employees | 14.01.04 |
| CR 2004/5 | Income tax: Aventis SA 'Aventis Shares' Group Savings Plan for employees | 14.01.04 |
| CR 2004/6 | Income tax: Aventis SA 'Aventis Performance' Group Savings Plan for employees | 14.01.04 |
| CR 2004/7 | Income tax: Dividends: Guinness Peat Group plc (GPG) Capitalisation Issue | 14.01.04 |
| CR 2004/8 | Income tax: Approved Early Retirement Scheme - Energy Brix Australia Corporation Pty Ltd | 14.01.04 |
| CR 2004/9 | Income tax: Approved Early Retirement Scheme - South Australian Government | 14.01.04 |
| CR 2004/10 | Income tax: Approved Early Retirement Scheme - RMIT University (TAFE Teaching staff) | 21.01.04 |
| CR 2004/11 | Income tax: Defence Science and Technology Organisation (DSTO) Industry Experience Placements | 21.01.04 |
| CR 2004/12 | Income tax: Defence Science and Technology Organisation (DSTO) Summer Vacation Student Research Scholarships | 21.01.04 |
| CR 2004/13 | Income tax: Share buy-back: Seven Network Limited | 28.01.04 |
| CR 2004/14 | Income Tax: out of court settlement payment to holders of 'AXA Prosperity Bonds' | 04.02.04 |
| CR 2004/15 | Income tax: AMP Limited Demerger - AMP Employee Share Ownership Plan | 11.02.04 |
| CR 2004/16 | Income tax: Share Buy-Back: Foster's Group Limited | 25.02.04 |
| CR 2004/17 | Income tax: assessable income: football umpires: Geelong Football Umpires League Inc. | 25.02.04 |
| CR 2004/18 | Income tax: assessability of income: Department of Treasury and Australian Office of Financial Management employees deployed to the Solomon Islands | 25.02.04 |
| CR 2004/19 | Income tax: Rinker Group Limited - Universal Share Plan | 03.03.04 |
| CR 2004/20 | Income tax: Approved Early Retirement Scheme - PBR Australia Pty Ltd | 10.03.04 |
| CR 2004/21 | Fringe benefits tax: contribution to an Approved Worker Entitlement Fund: the Victorian Certified CEPU (Plumbing Division) Enterprise Agreement 2002 to 2005 | 10.03.04 |
| CR 2004/22 | Fringe benefits tax: contribution to an Approved Worker Entitlement Fund: the Victorian CFMEU Building and Construction Industry Collective Bargaining Agreement 2002-2005 | 10.03.04 |
| CR 2004/23 | Income tax: University of Canberra Postgraduate Research Scholarships and Vice-Chancellor's Postgraduate Research Scholarships | 10.03.04 |
| CR 2004/24 | Income tax: capital gains: scrip for scrip roll-over: exchange of units in the AMP Industrial Trust for units in the Macquarie Goodman Industrial Trust | 17.03.04 |
| CR 2004/25 | Income tax: Approved Early Retirement Scheme - Water Corporation (Western Australia) | 17.03.04 |
| CR 2004/26 | Income tax: Swinburne University Bachelor of Information Technology Scholarship | 17.03.04 |
| CR 2004/27 | Fringe benefits tax: contribution to an Approved Worker Entitlement Fund: the Queensland Building Industry Sub-Contractors Certified Agreement 31 October 2005 | 24.03.04 |
| CR 2004/28 | Fringe benefits tax: contribution to an Approved Worker Entitlement Fund: the CFMEU Construction and General Division NSW Branch Collective Bargaining Agreement 31 October 2005 | 24.03.04 |
| CR 2004/29 | Income tax: AMP Limited Demerger - AMP Employee and Executive Option Plans | 24.03.04 |
| CR 2004/30 | Income tax: the deductibility of expenditure incurred on food and drink by shoppers carrying out assignments for Shopper Anonymous (WA) Pty Ltd | 31.03.04 |
| CR 2004/31 | Income tax: Approved Early Retirement Scheme - St Bede's College, Victoria | 31.03.04 |
| CR 2004/32 | Income tax: off-market share buy-back: Mayne Group Limited | 07.04.04 |
| CR 2004/33 | Income tax: DCA Group Limited - General Employee Share Plan | 07.04.04 |
| CR 2004/34 | Income tax: DCA Group Limited - Selective Employee Share Plan | 07.04.04 |
| CR 2004/35 | Income tax: Approved Early Retirement Scheme - Snowy Hydro Limited | 07.04.04 |
| CR 2004/36 | Income tax: Department of Education Services WA - Millenium Indigenous Teacher Scholarships | 21.04.04 |
| CR 2004/37 | Income Tax: assessability of income: Bougainville Transition Team | 07.04.04 |
| CR 2004/38 | Income tax: Off-Market Share Buy-Back: Telstra Corporation Limited | 21.04.04 |
| CR 2004/39 | Income tax: assessable income: football umpires: Riverina Australian Football Umpires Association Inc receipts | 21.04.04 |
| CR 2004/40 | Income tax: deductibility of employer contributions to the National Entitlement Security Trust | 21.04.04 |
| CR 2004/41 | Fringe benefits tax: redundancy contributions made by a South Australian employer to the Building Industry Redundancy Scheme Trust Fund | 21.04.04 |
| CR 2004/42 | Income tax: Employee Share Scheme: reasonable valuation method for market value of unlisted options: McKinsey Pacific Rim, Inc. | 28.04.04 |
| CR 2004/43 | Income tax: Approved Early Retirement Scheme - South Australian Water Corporation (Targeted Voluntary Separation Package) | 05.05.04 |
| CR 2004/44 | Fringe benefits tax: employer clients of SmartSalary Pty Ltd that make use of a Salary Packaging Payment Card facility | 05.05.04 |
| CR 2004/45 | Income tax: Approved Early Retirement Scheme - Central Highlands Region Water Authority (Timbermill) | 12.05.04 |
| CR 2004/46 | Income tax: reduction of share capital: APPP Holdings Pty Ltd | 12.05.04 |
| CR 2004/47 | Income tax: Approved Early Retirement Scheme - NSW Roads and Traffic Authority | 19.05.04 |
| CR 2004/48 | Income tax: assessable income: football umpires: Adelaide Plains Football League Inc. receipts | 26.05.04 |
| CR 2004/49 | Income tax: National Entitlement Security Trust payments to members - character of payments made to members | 26.05.04 |
| CR 2004/50 | Income tax: Approved Early Retirement Scheme - CITEC | 02.06.04 |
| CR 2004/51 | Income tax: Westfield America Trust - Westfield Group merger stapling arrangement | 02.06.04 |
| CR 2004/52 | Income tax: Westfield Trust - Westfield Group merger stapling arrangement | 02.06.04 |
| CR 2004/53 | Income tax: Westfield Holdings Limited - Westfield Group merger stapling arrangement | 02.06.04 |
| CR 2004/54 | Income tax: Westfield America Trust - Westfield Group merger sale facility | 02.06.04 |
| CR 2004/55 | Income tax: Westfield Trust - Westfield Group merger sale facility | 02.06.04 |
| CR 2004/56 | Income tax: Westfield Holdings Limited - Westfield Group merger sale facility | 02.06.04 |
| CR 2004/57 | Income tax: Off-Market Share Buy-Back: Telstra Corporation Limited: Telstra Employee Share Scheme Participants | 02.06.04 |
| CR 2004/58 | Income tax: Approved Early Retirement Scheme - Nissan Motor Co (Australia) Pty Ltd and Vehicle Distributors Australia Pty Ltd | 09.06.04 |
| CR 2004/59 | Income tax: Approved Early Retirement Scheme - University of Sydney - Faculty of Rural Management | 09.06.04 |
| CR 2004/60 | Income tax: assessable income: referee, umpire and scorer match fees: University of Southern Queensland Student Guild | 16.06.04 |
| CR 2004/61 | Income tax: Employee Share Scheme: Fantastic Holdings Limited Employee Share Reward Plan | 16.06.04 |
| CR 2004/62 | Income tax: Employee Share Scheme: Fantastic Holdings Limited Employee Share Participation Plan | 16.06.04 |
| CR 2004/63 | Income tax: Approved Early Retirement Scheme - Kew Residential Services | 16.06.04 |
| CR 2004/64 | Income tax: exchange of shares in Grainco Australia Limited for shares or cash in GrainCorp Limited | 23.06.04 |
| CR 2004/65 | Income tax: Share buy-back: Commonwealth Bank of Australia | 23.06.04 |
| CR 2004/66 | Income tax: Demerger of Australian Co-Operative Foods Limited | 23.06.04 |
| CR 2004/67 | Income tax: Approved Early Retirement Scheme - New South Wales Department of Commerce | 30.06.04 |
| CR 2004/68 | Income tax: Freedom Group Limited Employee Share Plan (Exempt) | 30.06.04 |
| CR 2004/69 | Income tax: assessable income: football umpires: leagues and associations affiliated with the West Australian Football Commission Inc. receipts | 07.07.04 |
| CR 2004/70 | Income tax: assessable income: football umpire coaches and umpire observers: leagues and associations affiliated with the West Australian Football Commission Inc. receipts | 07.07.04 |
| CR 2004/71 | Income tax: Approved Early Retirement Scheme - South Australian Water Corporation (Targeted Voluntary Early Retirement) | 07.07.04 |
| CR 2004/72 | Income tax: assessable income: football umpires: South Australian Amateur Football League Inc. receipts | 07.07.04 |
| CR 2004/73 | Income tax: assessable income: employees of the Australian Public Service and the Australian Federal Police working in Papua New Guinea as part of the 'Enhanced Cooperation Package' program | 07.07.04 |
| CR 2004/74 | Income tax: capital reduction: Singapore Telecommunications Limited | 14.07.04 |
| CR 2004/75 | Income tax: exempt foreign employment income: section 23AG: New South Wales Department of Education and Training employees deployed to the Democratic Republic of Timor-Leste (East Timor) | 21.07.04 |
| CR 2004/76 | Fringe benefits tax and income tax: payments by employers to the Building Employees Welfare Trust (BEWT) | 21.07.04 |
| CR 2004/77 | Income tax: United Utilities Public Limited Company (PLC) Performance Share Plan | 28.07.04 |
| CR 2004/78 | Income tax: capital gains: scrip for scrip rollover: exchange of units in Principal Office Fund for units in Investa Property Trust | 28.07.04 |
| CR 2004/79 | Income tax: scrip for scrip rollover: merger of United Grower Holdings Limited and ABB Grain Limited | 28.07.04 |
| CR 2004/80 | Income tax: scrip for scrip rollover: merger of AusBulk Limited and ABB Grain Limited | 28.07.04 |
| CR 2004/81 | Income tax: assessable income: assessability of a Matched Savings Payment received under the ANZ - Brotherhood of St Laurence pilot Saver Plus Program | 04.08.04 |
| CR 2004/82 | Income tax: share buy-back: Westpac Banking Corporation | 04.08.04 |
| CR 2004/83 | Income tax: Approved Early Retirement Scheme - Chisholm Institute of TAFE | 11.08.04 |
| CR 2004/84 | Income tax: Approved Early Retirement Scheme - Department of Treasury and Finance (Victoria) | 11.08.04 |
| CR 2004/85 | Income tax: exempt income: contractors to the Khanong Development Group working in the Lao People's Democratic Republic (Laos) | 18.08.04 |
| CR 2004/86 | Income tax: exempt income: employees to the Khanong Development Group working in the Lao People's Democratic Republic (Laos) | 18.08.04 |
| CR 2004/87 | Income tax: assessable income: sport umpires and coaches: Trinity College Gawler Incorporated | 18.08.04 |
| CR 2004/88 | Income tax: assessable income: volunteers: Trinity College Gawler Incorporated | 18.08.04 |
| CR 2004/89 | Income tax: Approved Early Retirement Scheme - State Library of Victoria | 25.08.04 |
| CR 2004/90 | Income tax: employer reimbursement of interest incurred by employees of Macquarie Bank Limited or its subsidiaries on borrowings used to acquire notes under a Land Transport Facilities Borrowing Scheme | 25.08.04 |
| CR 2004/91 | Income tax: distribution to shareholders by Circadian Technologies Limited | 25.08.04 |
| CR 2004/92 | Income tax: University of Tasmania Bachelor of Geomatics Professional Experience Scholarship | 01.09.04 |
| CR 2004/93 | Income tax: assessable income: sport officials: Town of Gawler | 01.09.04 |
| CR 2004/94 | Income tax: La Trobe University - Student Industry Based Learning Scholarship | 01.09.04 |
| CR 2004/95 | Income tax: La Trobe University - Student Industry Cadetship Program Scholarship | 01.09.04 |
| CR 2004/96 | Income tax: Lend Lease Corporation Limited: Employee Share Scheme: Cessation Time | 08.09.04 |
| CR 2004/97 | Fringe benefits tax: payments by employers of apprentice levies to Redundancy Payment Central Funds | 15.09.04 |
| CR 2004/98 | Income tax: assessability of income: City of Calgary employees working in Australia under a fire fighter exchange program with an Australian fire fighting authority | 22.09.04 |
| CR 2004/99 | Income tax: employee share scheme - Non-Executive Directors Share Plan: NRMA Insurance Group Limited | 22.09.04 |
| CR 2004/100 | Income tax: share buy-back: Insurance Australia Group Limited | 22.09.04 |
| CR 2004/101 | Income tax: share buy-back: Lemarne Corporation Limited | 22.09.04 |
| CR 2004/102 | Income tax: employee share scheme - Allocation Share Plan: NRMA Insurance Group Limited | 22.09.04 |
| CR 2004/103 | Income tax: share buy-back and redemption of Reset Convertible Preference Shares: Santos Limited | 29.09.04 |
| CR 2004/104 | Income tax: return of capital: Minara Resources Limited | 29.09.04 |
| CR 2004/105 | Income tax: Approved Early Retirement Scheme - Education Queensland | 29.09.04 |
| CR 2004/106 | Income tax: scrip for scrip roll-over: proposed exchange of shares and options in The News Corporation Limited for shares and options in News Corporation Inc. | 29.09.04 |
| CR 2004/107 | Income tax: eligible termination payment - State Rail Authority of NSW and Rail Infrastructure Corporation - transfer of employment | 29.09.04 |
| CR 2004/108 | Income tax: capital gains: demerger of Austin Engineering Ltd by West Australian Metals Ltd | 06.10.04 |
| CR 2004/109 | Income tax: exempt foreign employment income: section 23AG: 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 | 06.10.04 |
| CR 2004/110 | Income tax: return of share capital by Credit Union Services Corporation (Australia) Limited | 13.10.04 |
| CR 2004/111 | Fringe benefits tax: redundancy contributions made by South Australian employer to the Electrical Industry Severance Scheme | 20.10.04 |
| CR 2004/112 | Income tax: off-market share buy-back: GRD NL | 20.10.04 |
| CR 2004/113 | Fringe benefits tax and income tax: payments by employer members of Construction Income Protection Ltd for worker income protection and portable sick leave insurance policies | 20.10.04 |
| CR 2004/114 | Income tax: capital reduction: SMS Management & Technology Limited | 20.10.04 |
| CR 2004/115 | Income tax: Approved Early Retirement Scheme - NSW Businesslink | 27.10.04 |
| CR 2004/116 | Income tax: FKP Limited: FKP Property Group stapling arrangement | 29.10.04 |
| CR 2004/117 | Income tax: FKP Property Group - capital raising | 29.10.04 |
| CR 2004/118 | Income tax: capital gains tax: Centro Properties Group and Prime Retail Group | 03.11.04 |
| CR 2004/119 | Income tax: conversion of shares and variation in rights: Golden Circle Limited | 03.11.04 |
| CR 2004/120 | Income tax: Microsoft Corporation employee option plans | 10.11.04 |
| CR 2004/121 | Income tax: Scheme A private practice arrangements of specialist medical officers employed by the ACT Government as represented by ACT Health | 10.11.04 |
| CR 2004/122 | Income tax: ABB Grain Limited - 0:100 gran pool | 10.11.04 |
| CR 2004/123 | Income tax: ABB Grain Limited - 0:90:10 extended barley pool | 10.11.04 |
| CR 2004/124 | Income tax: ABB Grain Limited - 0:90:10 extended wheat pool | 10.11.04 |
| CR 2004/125 | Income tax: Commonwealth Managed Investments Limited, Commonwealth Bank of Australia - Perpetual Exchangeable Resettable Listed Securities (PERLS II) | 17.11.04 |
| CR 2004/126 | Income tax: Approved Early Retirement Scheme - Department of Justice - Corrections Victoria | 17.11.04 |
| CR 2004/127 | Income tax: capital reduction: AAV Limited (formerly ISIS Communications Limited) | 17.11.04 |
| CR 2004/128 | Income tax: capital gains: roll-over relief for shareholders: demerger of Leviathan Resources Limited by MPI Mines Ltd | 17.11.04 |
| CR 2004/129 | Income tax: exempt foreign employment income: section 23AG: 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 | 24.11.04 |
| CR 2004/130 | Income tax: assessable income: football umpires: Eastern Football League Inc. receipts | 24.11.04 |
| CR 2004/131 | Income tax: capital gains: amendment of trust deed: possibility of resettlement of Trust: Equity Growth Fund | 01.12.04 |
| CR 2004/132 | Income tax: capital gains: amendment of trust deed: possibility of resettlement of Trust: Equity Imputation Fund | 01.12.04 |
| CR 2004/133 | Income tax: capital gains: amendment of trust deed: possibility of resettlement of Trust: Future Growth Fund | 01.12.04 |
| CR 2004/134 | Income tax: capital gains: amendment of trust deed: possibility of resettlement of Trust: Growth & Income Fund | 01.12.04 |
| CR 2004/135 | Income tax: capital gains: amendment of trust deed: possibility of resettlement of Trust: Industrials Fund | 01.12.04 |
| CR 2004/136 | Income tax: capital gains: amendment of trust deed: possibility of resettlement of Trust: Secure Income Fund | 01.12.04 |
| CR 2004/137 | Income tax: TAB Limited - Employee Performance Share Plan - disposal of shares pursuant to takeover | 01.12.04 |
| CR 2004/138 | Income tax: Endeavour Australia Postgraduate and Postdoctoral Research Fellowships | 08.12.04 |
| CR 2004/139 | Income tax: Endeavour Australia-Asia Postgraduate Student Awards | 08.12.04 |
| CR 2004/140 | Income tax: Endeavour Australia-Europe Postgraduate Student Awards | 08.12.04 |
| CR 2004/141 | Income tax: Endeavour Australia Cheung Kong Awards | 08.12.04 |
| CR 2004/142 | Income tax: eligible termination payment - The NSW Department of Commerce Sale of cmSolutions and Q Stores - Transfer of Employment Agreements 2004 | 08.12.04 |
| CR 2004/143 | Income tax: DB RREEF Office Trust - DB RREEF Trust - cash sale and exchange facilities | 15.12.04 |
| CR 2004/144 | Income tax: DB RREEF Industrial Trust - DB RREEF Trust - cash sale and exchange facilities | 15.12.04 |
| CR 2004/145 | Income tax: DB RREEF Diversified Trust - DB RREEF Trust - cash sale and exchange facilities | 15.12.04 |
| CR 2004/146 | Income tax: DB RREEF Office Trust - DB RREEF Trust - stapling arrangement | 15.12.04 |
| CR 2004/147 | Income tax: DB RREEF Industrial Trust - DB RREEF Trust - stapling arrangement | 15.12.04 |
| CR 2004/148 | Income tax: DB RREEF Diversified Trust - DB RREEF Trust - stapling arrangement | 15.12.04 |
| CR 2004/149 | Income tax: Share Buy-Back: BHP Billiton Limited | 15.12.04 |
| CR 2004/150 | Income tax: capital gains tax: non-exempt registered clubs in New South Wales - poker machine entitlements | 15.12.04 |
| CR 2004/151 | Income tax: capital gains tax: exempt registered clubs in New South Wales - poker machine entitlements | 15.12.04 |
| CR 2004/152 | Income tax: Telstra Corporation Limited Off-Market Share Buy-back | 15.12.04 |
| CR 2004/153 | Income tax: Return of Capital: Wesfarmers Limited | 22.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| CR 2003/84 | Income tax: Bond University - Student PhD Research Scholarships | 03.03.04 |
| CR 2004/38 | Income tax: Off-Market Share Buy-Back: Telstra Corporation Limited | 02.06.04 |
| CR 2004/87 | Income tax: assessable income: sport umpires and coaches: Trinity College Gawler Incorporated | 01.09.04 |
| CR 2004/88 | Income tax: assessable income: volunteers: Trinity College Gawler Incorporated | 01.09.04 |
| CR 2004/65 | Income tax: Share Buy-Back: Commonwealth Bank of Australia | 13.10.04 |
| Ruling | Title | Issue date |
|---|---|---|
| CR 2003/112 | Income tax: Income tax: assessable income: distributions made by ClubBIZ to NSW registered clubs | 14.01.04 |
| Ruling | Title | Issue date |
|---|---|---|
| CR 2003/87 | Income tax: Preference share buy-back: Village Roadshow Limited | 16.06.04 |
| CR 2002/60 | Income tax: compensation payments to Holocaust survivors and their relatives - the Stichting Maror-gelden Overheid Foundation | 01.09.04 |
Product Rulings
5. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| PR 2004/1 | Income tax: 2004 Timbercorp Eucalypts Project - Prepayment Growers | 14.01.04 |
| PR 2004/2 | Income Tax: 2004 Timbercorp Eucalypts Project - Post 30 June Growers | 14.01.04 |
| PR 2004/3 | Income tax: tax consequences of investing in Macquarie Regular Instalment Warrants IMF Series 2003 Product Disclosure Statement - cash applicants and on-market purchasers | 14.01.04 |
| PR 2004/4 | Income tax: tax consequences of investing in Macquarie Hot Instalment Warrants IMG Series 2003 Product Disclosure Statement - cash applicants and on-market purchasers | 14.01.04 |
| PR 2004/5 | Income tax: Great Southern Plantations 2004 Project | 14.01.04 |
| PR 2004/6 | Income tax: Film Investment - 'Hating Alison Ashley' | 21.01.04 |
| PR 2004/7 | Income tax: Australian Olives Project No. 6 | 21.01.04 |
| PR 2004/8 | Income tax: Frankland Valley Vineyard Project No. 2 | 28.01.04 |
| PR 2004/9 | Income tax: Margaret River Watershed Premium Wine Project - 2004 Growers | 04.02.04 |
| PR 2004/10 | Income tax: deductibility of interest incurred on borrowings in relation to the Macquarie Fusion Funds - April 2004 Offer | 04.02.04 |
| PR 2004/11 | Income Tax: Willmott Forests Project - 2004 Product Disclosure Statement | 04.02.04 |
| PR 2004/12 | Income tax: 2004 Timbercorp (Single Payment) Timberlot Project - Prepayment Growers | 04.02.04 |
| PR 2004/13 | Income tax: 2004 Timbercorp (Single Payment) Timberlot Project - Post 30 June Growers | 04.02.04 |
| PR 2004/14 | Income tax: Film Investment - 'Clancy of the Overflow' | 11.02.04 |
| PR 2004/15 | Income tax: tax consequences of investing in the Westpac Protected Equity Loan Plus | 18.02.04 |
| PR 2004/16 | Income tax: tax consequences of investing in the UBS Protected Geared Investment ('PGI') - 2004 Product Disclosure Statement | 18.02.04 |
| PR 2004/17 | Income tax: Heydon Park Ginseng Project No. 2 | 25.02.04 |
| PR 2004/18 | Income tax: 2004 Timbercorp Almond Project | 25.02.04 |
| PR 2004/19 | Income tax: Queensland Paulownia Forests Project No. 8 | 25.02.04 |
| PR 2004/20 | Income tax: Rewards Group Tropical Fruits Project 4 | 25.02.04 |
| PR 2004/21 | Income tax: Rewards Group Tropical Fruits Project 5 | 03.03.04 |
| PR 2004/22 | Income tax: Queensland Paulownia Forests Project No. 7 (Revised Arrangement) | 10.03.04 |
| PR 2004/23 | Income tax: Sylvatech Tropical Timbers 2004 | 10.03.04 |
| PR 2004/24 | Income tax: Monini Olive Groves Project | 10.03.04 |
| PR 2004/25 | Income tax: tax consequences of investing in Macquarie Self Funding Instalments SMT Series 2004 Product Disclosure Statement - cash applicants and on-market purchasers | 10.03.04 |
| PR 2004/26 | Income tax: FEA Plantations Project 2004 | 10.03.04 |
| PR 2004/27 | Income tax: TFS Gold Card Sandalwood Project 2003 (Supplementary Information Memorandum) | 10.03.04 |
| PR 2004/28 | Income tax: 2004 Tumut Softwood Project | 17.03.04 |
| PR 2004/29 | Income tax: 2004 Timbercorp Table Grape Project | 17.03.04 |
| PR 2004/30 | Income tax: TFS Sandalwood Project 2004 | 17.03.04 |
| PR 2004/31 | Income tax: Great Southern Vineyards 2004 Project | 17.03.04 |
| PR 2004/32 | Income tax: Macquarie Forestry Investment 2004 | 24.03.04 |
| PR 2004/33 | Income tax: 2004 Tumut Softwood - Wholesale Project | 24.03.04 |
| PR 2004/34 | Income tax: Barkworth Olives Project No. 8 | 24.03.04 |
| PR 2004/35 | Income tax: tax consequences of investing in Westpac 'IWG' Series Instalments 2003 Product Disclosure Statement - cash applicants and on-market purchasers | 31.03.04 |
| PR 2004/36 | Income tax: tax consequences of investing in Westpac 'IWH' Series Instalments 2004 Supplementary Product Disclosure Statement - cash applicants and on-market purchasers | 31.03.04 |
| PR 2004/37 | Income tax: tax consequences of investing in Westpac 'IWI' Series Instalments 2004 Supplementary Product Disclosure Statement - cash applicants and on-market purchasers | 31.03.04 |
| PR 2004/38 | Income tax: tax consequences of investing in Westpac 'IWJ' Series Instalments 2004 Supplementary Product Disclosure Statement - cash applicants and on-market purchasers | 31.03.04 |
| PR 2004/39 | Income tax: Beyond Group Media Fund 2004 | 07.04.04 |
| PR 2004/40 | Income tax: 2004 Swan Hill Almond Grower Project | 07.04.04 |
| PR 2004/41 | Income tax: Margaret River Wine Business Project - 1999 | 21.04.04 |
| PR 2004/42 | Income tax: Kiri Park Project 2004 | 21.04.04 |
| PR 2004/43 | Income tax: 2004 Timbercorp Olive Project | 21.04.04 |
| PR 2004/44 | Income tax: Gunns Plantations Woodlot Project 2004 | 21.04.04 |
| PR 2004/45 | Income tax: TFS Premium Sandalwood Project 2004 | 21.04.04 |
| PR 2004/46 | Income tax: Three Dollars Film Project | 28.04.04 |
| PR 2004/47 | Income tax: Palandri America Wine Business - 2004 | 28.04.04 |
| PR 2004/48 | Income tax: Queensland Paulownia Forests Project No. 4 (6 September 2000 to 13 September 2000) | 05.05.04 |
| PR 2004/49 | Income tax: Queensland Paulownia Forests Project No. 4 (17 November 1999 to 30 June 2000) | 05.05.04 |
| PR 2004/50 | Income tax: Paulownia Forestry Scheme | 05.05.04 |
| PR 2004/51 | Income tax: 2004 Timbercorp Citrus Project | 05.05.04 |
| PR 2004/52 | Income tax: ITC Pulpwood Project 2004 | 05.05.04 |
| PR 2004/53 | Income tax: ITC Sandalwood Project 2004 | 05.05.04 |
| PR 2004/54 | Income tax: Lake Powell Almond Project No. 1 | 12.05.04 |
| PR 2004/55 | Income tax: Gunns Plantations Winegrape Project 2004 | 12.05.04 |
| PR 2004/56 | Income tax: deductibility of interest incurred on borrowings in relation to the Macquarie Fusion Funds - June 2004 Offer | 12.05.04 |
| PR 2004/57 | Income tax: tax consequences of investing in ABN AMRO Instalment Warrants IZO Series April 2004 Product Disclosure Statement - cash applicants and secondary market purchasers | 12.05.04 |
| PR 2004/58 | Income tax: Willmott Forests Professional Investor - 2004 Project | 19.05.04 |
| PR 2004/59 | Income tax: Environinvest Beef Cattle Project 2004 | 19.05.04 |
| PR 2004/60 | Income tax: Environinvest Eucalypt Project No. 7 | 19.05.04 |
| PR 2004/61 | Income tax: tax consequences of borrowings under the ANZ APEP Plus Product - March 2004 Product Disclosure Statement | 19.05.04 |
| PR 2004/62 | Income tax: Australian Cricket Bat Willow Project - Product Disclosure Statement 2004 | 19.05.04 |
| PR 2004/63 | Income tax: National Viticultural Fund of Australia Project No. 3 | 19.05.04 |
| PR 2004/64 | Income tax: Ginkgo Australia Project | 19.05.04 |
| PR 2004/65 | Income tax: Rosedale Vines Project No. 3 Stage 2 | 19.05.04 |
| PR 2004/66 | Income tax: Australasian Firewood Project No. 1 | 26.05.04 |
| PR 2004/67 | Income tax: Burbank Film and Television Fund | 26.05.04 |
| PR 2004/68 | Income tax: tax consequences of investing in ISG Series UBS Instalment Warrants 2004 Product Disclosure Statement - cash applicants and on-market purchasers | 26.05.04 |
| PR 2004/69 | Income tax: tax consequences of investing in ISH Series UBS Instalment Warrants 2004 Product Disclosure Statement - cash applicants and on-market purchasers | 26.05.04 |
| PR 2004/70 | Income tax: National Viticultural Fund of Australia Project No. 3 (1 November 2004 - 15 June 2005 Growers) | 26.05.04 |
| PR 2004/71 | Income tax: Treecorp Clearwood Project Stage 2 | 02.06.04 |
| PR 2004/72 | Income tax: Lakevista Abalone Aquaculture Project | 09.06.04 |
| PR 2004/73 | Income tax: The Complete History of Cricket - The Origins | 09.06.04 |
| PR 2004/74 | Income tax: tax consequences of investing in Westpac 'SWA' Series Self-Funding Instalments 2004 Product Disclosure Statement - cash applicants and on-market purchasers | 09.06.04 |
| PR 2004/75 | Income tax: New World 2020 Project | 09.06.04 |
| PR 2004/76 | Income tax: tax consequences of investing in equities using the Macquarie Geared Equities Investment plus | 09.06.04 |
| PR 2004/77 | Income tax: W.A. Blue Gum Project 2004 | 09.06.04 |
| PR 2004/78 | Income tax: Rewards Group Premium Vineyard Project 2 | 30.06.04 |
| PR 2004/79 | Income tax: tax consequences of rebalancing, contributing to an investment and partially redeeming a unit in the Credit Suisse Asset Management Private Investment Flexible International Share Fund - Product Disclosure Statement dated 12 July 2004 | 21.07.04 |
| PR 2004/80 | Income tax: Barkworth Olive Groves Project No. 3 | 04.08.04 |
| PR 2004/81 | Income tax: tax consequences of investing in the Provident Capital Retirement Booster Debenture | 11.08.04 |
| PR 2004/82 | Income tax: Environinvest Beef Cattle Project 2004 - Post 30 June Graziers (2004) | 11.08.04 |
| PR 2004/83 | Income tax: Environinvest Beef Cattle Project 2004 - Pre 30 June Graziers (2005) | 11.08.04 |
| PR 2004/84 | Income tax: Kiri Park Project 2004/2005 - Pre 30 September 2004 Growers | 25.08.04 |
| PR 2004/85 | Income tax: Northern Rivers Coffee Project No. 3 (Second Supplementary Product Disclosure Statement) - Post 31 January 2005 Growers | 08.09.04 |
| PR 2004/86 | Income tax: Northern Rivers Coffee Project No. 3 (Second Supplementary Product Disclosure Statement) - Pre 1 February 2005 Growers | 08.09.04 |
| PR 2004/87 | Income tax: Tasmanian Truffle Project No. 2 (Second Supplementary Product Disclosure Statement) - Pre 1 February 2005 Growers | 08.09.04 |
| PR 2004/88 | Income tax: Tasmanian Truffle Project No. 2 (Second Supplementary Product Disclosure Statement) - Post 31 January 2005 Growers | 08.09.04 |
| PR 2004/89 | Income tax: 2005 Timbercorp (Single Payment) Timberlot Project - Pre 30 June Growers | 15.09.04 |
| PR 2004/90 | Income tax: 2005 Timbercorp (Single Payment) Timberlot Project - Post 30 June Growers | 15.09.04 |
| PR 2004/91 | Income tax: tax consequences of investing in Macquarie Regular Instalment Warrants IMC Series 2004 Product Disclosure Statement - cash applicants and on-market purchasers | 15.09.04 |
| PR 2004/92 | Income tax: tax consequences of investing in Macquarie Hot Instalment Warrants IMD Series 2004 Product Disclosure Statement - cash applicants and on-market purchasers | 15.09.04 |
| PR 2004/93 | Income tax: tax consequences of investing in ABN AMRO High Leverage Instalment Warrants IZM Series 2004 Product Disclosure Statement - cash applicants and on-market purchasers | 22.09.04 |
| PR 2004/94 | Income tax: Burbank Film and Television Fund | 22.09.04 |
| PR 2004/95 | Income tax: Kiri Park Project 2004/2005 - Post 30 September 2004 | 29.09.04 |
| PR 2004/96 | Income tax: deductibility of interest incurred on borrowings in relation to the Macquarie Fusion Funds - November 2004 Offer | 29.09.04 |
| PR 2004/97 | Income tax: Lake Powell Almond Project No. 2 - Early Growers | 13.10.04 |
| PR 2004/98 | Income tax: Lake Powell Almond Project No. 2 - Late Growers | 13.10.04 |
| PR 2004/99 | Income tax: Great Southern Vineyards 2005 Project | 20.10.04 |
| PR 2004/100 | Income tax: Queensland Paulownia Forests Project No. 8 - Capital Forestry Units | 20.10.04 |
| PR 2004/101 | Income tax: Queensland Paulownia Forests Project No. 8 - Capital Forestry Units (Discounted Fees) | 20.10.04 |
| PR 2004/102 | Income tax: Barkworth Olive Estates - Riverina | 03.11.04 |
| PR 2004/103 | Income tax: Margaret River Wine Business Project - 1999 | 10.11.04 |
| PR 2004/104 | Income tax: Palandri Wine Project | 10.11.04 |
| PR 2004/105 | Income tax: NTT Mahogany Project | 17.11.04 |
| PR 2004/106 | Income tax: tax consequences for Employees under the Lease Plan Australia Limited laptop computer leasing and novation arrangement | 17.11.04 |
| PR 2004/107 | Income tax: tax consequences of investing in Westpac 'IWK' Series Instalments 2003 Product Disclosure Statement and 2004 Supplementary Product Disclosure Statements - cash applicants and on-market purchasers | 17.11.04 |
| PR 2004/108 | Income tax: tax consequences of investing in Westpac 'IWL' Series Instalments 2003 Product Disclosure Statement and 2004 Supplementary Product Disclosure Statements - cash applicants and on-market purchasers | 17.11.04 |
| PR 2004/109 | Income tax: Sylvatech Tropical Timbers 2004 - Finance provided by Sylvatech Limited | 24.11.04 |
| PR 2004/110 | 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 - 2004 Product Disclosure Statement | 24.11.04 |
| PR 2004/111 | Income tax: Film Investment - 'Jindabyne' | 24.11.04 |
| PR 2004/112 | Income tax: Norfolk Ridge Vineyards Project - Stage 3 | 01.12.04 |
| PR 2004/113 | Income tax: Olea Australis | 15.12.04 |
| PR 2004/114 | Income tax: Great Southern Plantations 2005 Project - (Pre 30 June Growers) | 15.12.04 |
| PR 2004/115 | Income tax: Great Southern Plantations 2005 Project - (Post 30 June Growers) | 15.12.04 |
| PR 2004/116 | Income tax: Great Southern Plantations 2006 Project - (Pre 30 June Growers) | 15.12.04 |
| PR 2004/117 | Income tax: Great Southern Plantations 2006 Project - (Post 30 June Growers) | 15.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| PR 2003/10 | Income tax: ITC Pulpwood Project 2003 | 14.01.04 |
| PR 2003/15 | Income tax: ITC Solidwood Project 2003 | 14.01.04 |
| PR 2003/16 | Income tax: ITC Sandalwood Project 2003 | 14.01.04 |
| PR 2003/27 | Income tax: Rewards Group Sandalwood Project 4 | 14.01.04 |
| PR 2003/31 | Income tax: Rewards Group Teak Project 3 | 14.01.04 |
| PR 2003/7 | Income tax: Sylvatech Tropical Timbers 2003 | 21.01.04 |
| PR 2003/27 | Income tax: Rewards Group Sandalwood Project 4 | 18.02.04 |
| PR 2003/31 | Income tax: Rewards Group Teak Project 3 | 18.02.04 |
| PR 2003/44 | Income tax: tax consequences of investing in the UBS Protected Geared Investment Product | 18.02.04 |
| PR 2003/67 | Income tax: NTT Mahogany Project | 28.04.04 |
| PR 2003/40 | Income tax: Macquarie Forestry Investment | 19.05.04 |
| PR 2004/14 | Income tax: Film Investment - 'Clancy of the Overflow' | 09.06.04 |
| PR 2004/30 | Income tax: TFS Sandalwood Project 2004 | 09.06.04 |
| PR 2004/40 | Income tax: 2004 Swan Hill Almond Grower Project | 09.06.04 |
| PR 2004/45 | Income tax: TFS Premium Sandalwood Project 2004 | 09.06.04 |
| PR 2004/24 | Income tax: Monini Olive Groves Project | 21.07.04 |
| PR 2004/72 | Income tax: Lakevista Abalone Aquaculture Project | 28.07.04 |
| PR 2004/59 | Income tax: Environinvest Beef Cattle Project 2004 | 11.08.04 |
| PR 2004/66 | Income tax: Australasian Firewood Project No. 1 | 25.08.04 |
| PR 2004/47 | Income tax: Palandri America Wine Business - 2004 | 01.09.04 |
| Ruling | Title | Issue date |
|---|---|---|
| PR 2004/48 | Income tax: Queensland Paulownia Forests Project No. 4 (6 September 2000 to 13 September 2000) | 12.05.04 |
| PR 2004/49 | Income tax: Queensland Paulownia Forests Project No. 4 (17 November 1999 to 30 June 2000) | 12.05.04 |
| PR 2004/50 | Income tax: Paulownia Forestry Scheme | 12.05.04 |
| Ruling | Title | Issue date |
|---|---|---|
| PR 2002/70 | Income tax: Film Investment - 'Hating Alison Ashley' | 21.01.04 |
| PR 2003/39 | Income tax: Queensland Paulownia Forests Project No. 7 (Revised Arrangement) | 10.03.04 |
| PR 2002/140 | Income tax: Northern Softwood Project 2003 | 31.03.04 |
| PR 2003/46 | Income tax: Loddon Olive Project 2004 Growers | 12.05.04 |
| PR 2002/91 | Income tax: 'The Complete History of Cricket - From Dawn To Stumps' | 09.06.04 |
| PR 2003/72 | Income tax: New World 2020 Project | 09.06.04 |
| PR 2004/34 | Income tax: Barkworth Olives Project No. 8 | 09.06.04 |
| PR 2003/45 | Income tax: BioForest Wholesale Project No. 1 | 30.06.04 |
| PR 2003/69 | Income tax: Rewards Group Premium Vineyards Project 2 | 30.06.04 |
| PR 2003/8 | Income tax: Tanundra Hill Vineyard Project Stage II | 04.08.04 |
| PR 2004/64 | Income tax: Ginkgo Australia Project | 08.09.04 |
| PR 2004/67 | Income tax: The Burbank Film and Television Fund | 22.09.04 |
| PR 2002/142 | Income tax: Clews Road Vineyard Estate Project | 10.11.04 |
| PR 2003/67 | Income tax: NTT Mahogany Project | 17.11.04 |
| PR 2004/24 | Income tax: Monini Olive Groves Project | 01.12.04 |
Fuel Grant and Rebate Ruling
6. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| FGRR 2002/1 | Off-road scheme - application to mining operations | 18.08.04 |
Product Grant and Benefit Rulings
7. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| PGBR 2004/D1 | Energy Grants: off-road credits for fishing operations | 25.01.04 |
| PGBR 2004/D2 | Energy Grants: off-road credits for forestry | 26.05.04 |
| PGBR 2004/D3 | Energy Grants: off-road credits for agriculture | 24.11.04 |
| Ruling | Title | Issue date |
|---|---|---|
| PGBR 2004/1 | Energy Grants: off-road credits for fishing operations | 16.06.04 |
| Ruling | Title | Issue date |
|---|---|---|
| PGBR 2003/1 | Product grants and benefits: public rulings | 22.12.04 |
| PGBR 2003/2 | Product grants and benefits: private rulings | 22.12.04 |
Wine Equalisation Taxation Rulings
8. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| WETR 2004/1 | Wine equalisation tax: the operation of the wine equalisation tax system | 15.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| WETR 2002/2 | The operation of the wine equalisation tax system | 01.10.04 |
| Ruling | Title | Issue date |
|---|---|---|
| WETR 2002/2 | The operation of the wine equalisation tax system | 15.12.04 |
Miscellaneous Taxation Rulings
9. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| MT 2004/D1 | Petroleum Resource Rent Tax: effects of transferring an interest in an exploration permit or retention lease | 07.04.04 |
| MT 2004/D2 | What is the tax treatment of an expense incurred by a superannuation fund that is paid by an employer or eligible person on behalf of a superannuation fund and that is journalised as a superannuation contribution? | 25.08.04 |
| MT 2004/D3 | The New Tax System: the meaning of entity carrying on an enterprise for the purposes of entitlement to an Australian Business Number | 15.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| MT 2004/1 | Petroleum resource rent tax: effects of transferring an interest in an exploration permit or retention lease | 17.11.04 |
| Ruling | Title | Issue date |
|---|---|---|
| MT 93/1 | Income tax: petroleum resource rent tax: public rulings and advance opinions | 14.07.04 |
Old Series Rulings
10. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| IT 2130 | Income tax: depreciation: investment allowance - demountable car parks: whether plant | 15.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| IT 2228 | Income tax: futures transactions | 15.09.04 |
| Ruling | Title | Issue date |
|---|---|---|
| IT 2574 | Income Tax: Australia/United States Double Taxation Convention: Exchange Teachers | 02.06.04 |
| IT 2363 | Income tax: capital gains provisions: interpretation and operation | 23.06.04 |
| IT 242 | Income tax: depreciation on hot water installations, stoves, etc, in income producing properties | 28.06.04 |
| IT 214 | Income tax: dissolution of partnership and disposal of property - application of sections 59(2A) and 59(2D) | 15.12.04 |
| IT 2124 | Income tax: partnership with partner exempt from income tax - partnership depreciation and investment allowance deductions | 15.12.04 |
| IT 2154 | Income tax: expenses incurred in implementing affirmative action for women programs | 15.12.04 |
| IT 2308 | Income tax: depreciation of plant acquired otherwise than by purchase | 15.12.04 |
| IT 2354 | Income tax: depreciation: depreciable property sold under arrangements where vendor retains use or benefits of property sold | 15.12.04 |
| IT 2398 | Income tax: depreciation of co-owned property | 15.12.04 |
| IT 2407 | Income tax: depreciation of distance measuring devices | 15.12.04 |
| IT 2419 | Income tax: depreciation of trading ships purchased under hire purchase agreements | 15.12.04 |
| IT 2550 | Income tax: assessability of profits made on the disposal of depreciated plant | 15.12.04 |
| TD 58 | Income tax: capital gains: is a principal residence exemption available where a dwelling is owned by a family company or family trust? | 15.12.04 |
| TD 24 | Capital gains: how is cash acquired after 19 September 1985 treated for section 160ZZT purposes? | 23.06.04 |
| TD 43 | Capital gains: will an asset deemed by the CGT provisions to have been acquired by a transferee company before 20 September 1985 be included as part of the underlying property for the purposes of the tests in section 160ZZT? | 23.06.04 |
| Ruling | Title | Issue date |
|---|---|---|
| MT 2031 | Fringe benefits tax: anticipation by employers of proposed amendments | 15.09.04 |
| MT 2041 | Fringe benefits tax: car benefits: employer retention of car records | 15.09.04 |
| MT 2046 | Fringe benefits tax: application to payment by income tax-exempt employers of higher education contribution scheme debts of their employees | 15.09.04 |
Goods and Services Tax Rulings and Determinations
11. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| GSTR 2004/D1 | Goods and services tax: the GST implications of the purchase of fuel using a fuel card | 31.03.04 |
| GSTR 2004/D2 | Goods and Services tax: GST consequences of the assumption of vendor liabilities by the purchaser of an enterprise | 26.05.04 |
| GSTR 2004/D3 | Goods and services tax: when does an entity have a decreasing adjustment under Division 132? | 09.06.04 |
| GSTR 2004/D4 | Goods and services tax: arrangements of the kind described in TA 2004/9 - Exploitation of the second-hand goods provisions to obtain GST input tax credits | 14.07.04 |
| GSTR 2004/D5 | Goods and services tax: arrangements of the kind described in Taxpayer Alerts TA 2004/6 and TA 2004/7: use of the Grouping or Margin Scheme provisions of the GST Act to avoid or reduce the goods and services tax on the sale of new residential premises | 04.08.04 |
| GSTR 2004/D6 | Goods and services tax: arrangements of the kind described in Taxpayer Alert TA 2004/8: use of the Going Concern provisions and the Margin Scheme to avoid or reduce the goods and services tax on the sale of new residential premises | 04.08.04 |
| Ruling | Title | Issue date |
|---|---|---|
| GSTR 2004/1 | Goods and services tax: reduced credit acquisitions | 25.02.04 |
| GSTR 2004/2 | Goods and services tax: what is a joint venture for GST purposes? | 07.04.04 |
| GSTR 2004/3 | Goods and services tax: arrangements of the kind described in Taxpayer Alert TA 2004/2: Avoidance of GST on the sale of new residential premises | 07.04.04 |
| GSTR 2004/4 | Goods and services tax: assignment of payment streams including under a securitisation arrangement | 26.05.04 |
| GSTR 2004/5 | Goods and services tax: appropriations | 30.06.04 |
| GSTR 2004/6 | Goods and services tax: tax law partnerships and co-owners of property | 01.09.04 |
| GSTR 2004/7 | Goods and services tax: in the application of items 2 and 3 and paragraph (b) of item 4 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999: when is a 'non-resident' or other 'recipient' of a supply 'not in Australia when the thing supplied is done'?; when is 'an entity that is not an Australian resident' 'outside Australia when the thing supplied is done'? | 01.12.04 |
| GSTR 2004/8 | Goods and services tax: when does an entity have a decreasing adjustment under Division 132? | 24.11.04 |
| GSTR 2004/9 | Goods and services tax: GST consequences of the assumption of vendor liabilities by the purchaser of an enterprise | 08.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| GSTR 2002/2 | Goods and services tax: GST treatment of financial supplies and related supplies and acquisitions | 25.02.04 |
| GSTR 2000/26 | Goods and services tax: corporate card statements - entitlement to an input tax credit without a tax invoice | 21.07.04 |
| GSTR 2000/31 | Goods and services tax: supplies connected with Australia | 01.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| GSTR 2000/4 | Goods and services tax: appropriations | 30.06.04 |
| Ruling | Title | Issue date |
|---|---|---|
| GSTD 2004/D1 | Goods and services tax: can a recipient created tax invoice be an invoice for attribution purposes under Division 29 of the A New Tax System (Goods and Services Tax) Act 1999? | 14.07.04 |
| GSTD 2004/D2 | Goods and services tax: is an invoice that is placed on a website 'issued' for the purposes of Division 29 of the A New Tax System (Goods and Services Tax) Act 1999? | 14.07.04 |
| GSTD 2004/D3 | Goods and services tax: can book entries amount to the provision of receipt of consideration for attribution purposes, in the absence of actual payment? | 14.07.04 |
| GSTD 2004/D4 | Goods and services tax: are contracts for difference and financial spread betting contracts financial supplies? | 08.12.04 |
| Ruling | Title | Issue date |
|---|---|---|
| GSTD 2004/1 | Goods and services tax: when will the requirement to hold a tax invoice or adjustment note be waived as a result of a court or tribunal decision? | 03.03.04 |
| GSTD 2004/2 | Goods and services tax: are all supplies made by the entity nominated as the joint venture operator to entities that are participants in the GST joint venture to be treated as if they are not taxable supplies? | 07.04.04 |
| GSTD 2004/3 | Goods and services tax: is a supply of rights to accommodation a supply of real property for the purposes of the A New Tax System (Goods and Services Tax) Act 1999? | 31.03.04 |
| GSTD 2004/4 | Goods and services tax: can consideration for a supply be provided or received in the absence of the transfer of money (such as where the parties make book entries recording that the supply is paid for)? | 01.12.04 |
Luxury Car Tax Determination
12. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| LCTD 2004/1 | Luxury car tax: what is the luxury car tax threshold for the 2004-2005 financial year? | 30.06.04 |
Superannuation Contributions Determinations
13. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| SCD 2004/1 | Superannuation contributions: what is the surcharge threshold for the 2004-2005 financial year under the Superannuation Contributions Tax (Assessment and Collection) Act 1997? | 11.06.04 |
| SCD 2004/2 | Superannuation contributions: what are the indexable amounts for the 2004-2005 financial year under the Termination Payments Tax Imposition Act 1997? | 18.06.04 |
| SCD 2004/3 | Superannuation contributions: what is the surcharge threshold for the 2004-2005 financial year under the Termination Payments Tax (Assessment and Collection) Act 1997? | 11.06.04 |
| SCD 2004/4 | Superannuation contributions: what are the surchargeable contributions threshold and the indexable amounts for the 2004-2005 financial year under the Superannuation Contributions Tax Imposition Act 1997? | 18.06.04 |
| SCD 2004/5 | Superannuation contributions: for the 2004-2005 financial year, what is the amount represented by A in the first formula contained within subsection 5(1) of the Superannuation Contributions Tax Imposition Act 1997 and subsection 5(1) of the Termination Payments Tax Imposition Act 1997? | 18.06.04 |
| Ruling | Title | Issue date |
|---|---|---|
| SCD 2003/2 | Superannuation contributions: what are the indexable amounts for the 2003-2004 financial year under the Termination Payments Tax Imposition Act 1997? | 11.08.04 |
| SCD 2003/4 | Superannuation contributions: what are the surchargeable contributions threshold and the indexable amounts for the 2003-2004 financial year under the Superannuation Contributions Tax Imposition Act 1997? | 11.08.04 |
| SCD 2003/5 | Superannuation contributions: for the 2003-2004 financial year, what is the amount represented by A in the first formula contained within subsection 5(1) of the Superannuation Contributions Tax Imposition Act 1997 and subsection 5(1) of the Termination Payments Tax Imposition Act 1997? | 11.08.04 |
Superannuation Guarantee Rulings and Determinations
14. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| SGR 2004/D1 | Superannuation guarantee: who is an employee | 25.08.04 |
| Ruling | Title | Issue date |
|---|---|---|
| SGR 93/1 | Superannuation guarantee: who is an employee? | 27.10.04 |
| Ruling | Title | Issue date |
|---|---|---|
| SGD 2004/1 | Superannuation guarantee: what is the maximum contribution base for a quarter in the 2004-2005 year? | 11.06.04 |
Superannuation Determinations
15. During the 2004 calendar year the Commissioner of Taxation issued:
| Ruling | Title | Issue date |
|---|---|---|
| SD 2004/D1 | Superannuation: can a self managed superannuation fund provide a defined benefit pension? | 07.07.04 |
| Ruling | Title | Issue date |
|---|---|---|
| SD 2004/1 | Superannuation: can a self managed superannuation fund provide a defined benefit pension? | 08.12.04 |
Last Ruling
16. This is the last Ruling for the 2004 calendar year. The next Ruling will be TR 2005/1.
Commissioner of Taxation
22 December 2004
References
ATO references:
NO T2001/5751
ISSN: 1039-0731
| Date: | Version: | Change: | |
| You are here | 22 December 2004 | Original ruling | |
| 3 June 2020 | Withdrawn |
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