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ATO rulings and determinations

Spring list of ATO rulings and determinations.

Last updated 4 March 2024

File ID

File Title

CR 2015/76A1 – Addendum

Income tax: Sidney Myer Creative Fellowship grants

CR 2022/97ER1 – Erratum

Moneytech Group Limited – demerger of Monoova Limited

CR 2023/1

Euroz Hartleys Group Limited – capital return

CR 2023/2

Euroz Hartleys Group Limited – employee share scheme – capital return

CR 2023/3

EFTsure Pty Ltd – employee share scheme – minimum holding period and exchange of options

CR 2023/4

Controlled Thermal Resources Limited – exchange of shares for shares in Controlled Thermal Resources Holdings Inc

CR 2023/5

Royal Institute for Deaf and Blind Children – arrangements for donations of medical fees from participating ear, nose and throat surgeons

CR 2023/6

Australia and New Zealand Banking Group Limited – exchange of shares for shares in ANZ Group Holdings Limited

CR 2023/7

Link Administration Holdings Limited – demerger of PEXA Group Limited

CR 2023/8

Insurance Australia Group Limited – IAG Capital Notes 2

CR 2023/9

Pendal Group Limited – dividend and scheme of arrangement

CR 2023/10

Xero Limited – employee share scheme – Restricted Stock Unit and Option Plan

CR 2023/11

Logbook Me Pty Ltd – In-Car Logbook Solution for reporting of road tolls

CR 2023/12

Warwick Credit Union Limited – Capital Notes

CR 2023/13

Charter Hall Direct Industrial Fund No.2 – scrip for scrip roll-over

CR 2023/14

Logbook Me Pty Ltd – LogbookMe In-Car Logbook Solution for calculating car parking benefits

CR 2023/15

Australia and New Zealand Banking Group Limited – restructure – employee share scheme – treatment of shares or rights

CR 2023/16

Sky Network Television Limited - capital return

CR 2023/17

Australia and New Zealand Banking Group Limited – ANZ Capital Notes 8

CR 2023/17

Australia and New Zealand Banking Group Limited – ANZ Capital Notes 8

CR 2023/18

InterContinental Energy Australia Pty Ltd – employee share option scheme – InterContinental Energy Holdings Group Limited 2021 Omnibus Incentive Plan

CR 2023/18

InterContinental Energy Australia Pty Ltd – employee share option scheme – InterContinental Energy Holdings Group Limited 2021 Omnibus Incentive Plan

CR 2023/19

EROAD telematics system – use for car logbook and odometer records

CR 2023/20

Navman Wireless Australia Pty Limited – use of FTC Manager for fuel tax credits

CR 2023/21

Cardno Limited – return of capital and special dividends

CR 2023/22

Museums Victoria – early retirement scheme 2023

CR 2023/23

Unitywater – early retirement scheme 2023

CR 2023/24

Challenger Limited – Challenger Capital Notes 4

CR 2023/25

Qantas Airways Limited – 2022/23 Qantas Short Term Incentive Plan

CR 2023/26

Qantas Airways Limited – 2023-2025 Qantas Long Term Incentive Plan

CR 2023/27

OZ Minerals Limited – scheme of arrangement and special dividend

CR 2023/28

National Rugby League Limited – the provision of meals and accommodation to employees and their associates during the COVID-19 pandemic

CR 2023/29

ASC Pty Ltd – early retirement scheme (operational employees) 2023

CR 2023/30

Wesbeam Holdings Limited – selective off-market share buy-back

CR 2023/31

LogbookMe Pty Ltd – LogbookMe In-Car Logbook Solution for measuring the kilometres travelled in a vehicle for fuel tax credit purposes

CR 2023/32

EROAD Australia Pty Ltd – Fuel Tax Credits Solution

CR 2023/33

Commonwealth Bank of Australia – CommBank PERLS XVI Capital Notes

CR 2023/34

The Illawarra Community Housing Trust Ltd – deductibility of donations under a payment direction deed

ER 2023/1

Excise: the meaning of 'legally and economically independent'

GN 2018/1

First home super saver scheme

GST industry issues addendum notice

Detailed Food List

GSTR 2002/2A10 – Addendum

Goods and services tax: GST treatment of financial supplies and related supplies and acquisitions

GSTR 2004/7A4 – Addendum

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'?

GSTR 2014/2DC1

Goods and services tax: treatment of ATM service fees, credit card surcharges and debit card surcharges

IT 2208W

Income tax: administration expenses: exploration and prospecting business

IT 2681W - Notice of withdrawal

Income tax: residency status of business migrants

LCR 2018/5A2 - Addendum

First home super saver scheme

PR 2019/7A3 - Addendum

Income tax: PPS Mutual Professionals Choice – 2019

PR 2022/11A1

Allianz Guaranteed Income for Life

PR 2023/1

Utmost Executive Investment Account

PR 2023/2

Zurich Life Insurance (Hong Kong) Limited – Matterhorn life insurance policy

PR 2023/3

PPS Mutual Professionals Choice – Profit-Share Plan

PR 2023/3

PPS Mutual Professionals Choice – Profit-Share Plan

PR 2023/4

Fuel tax: Navman Wireless Australia Pty Limited and FTC Manager – FTC Self Claim level clients

PR 2023/5

Future Rent Capital Pty Ltd – lease (transfer of rental income)

PR 2023/6

CSBP Limited prepayment agreement

PR 2023/7

W.A. Blue Gum Project 2023

PR 2023/8

Elders Rural Services Australia Limited – Rural Products Prepayment Program

PR 2023/9

KPMG – FTC Automator platform – fuel tax credits

TD 2012/22A1 – Addendum

Income tax: for the purposes of paragraph 97(1)(a) of the Income Tax Assessment Act 1936 is a beneficiary's share of the net income of a trust estate worked out by reference to the proportion of the income of the trust estate to which the beneficiary is presently entitled?

TD 2017/14W

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 2017?

TD 2017/2W

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 2017?

TD 2017/3W

Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 2017?

TD 2017/4W

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 2017?

TD 2017/5W

Fringe benefits tax: reasonable amounts under section 31G of the Fringe Benefits Tax Assessment Act 1986 for food and drink expenses incurred by employees receiving a living-away-from-home allowance fringe benefit for the fringe benefits tax year commencing on 1 April 2017

TD 2017/6W

Fringe benefits tax: for the purposes of section 28 of the Fringe Benefits Tax Assessment Act 1986 what are the indexation factors for valuing non-remote housing for the fringe benefits tax year commencing on 1 April 2017?

TD 2019/1W

Income tax: what constitutes 'use' (and potentially first use) of a mining, quarrying or prospecting right, that is a depreciating asset, for the purposes of subsection 40-80(1) of the Income Tax Assessment Act 1997 

TD 2023/1

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 2023?

TD 2023/2

Fringe benefits tax: reasonable amounts under section 31G of the Fringe Benefits Tax Assessment Act 1986 for food and drink expenses incurred by employees receiving a living-away-from-home allowance fringe benefit for the fringe benefits tax year commencing on 1 April 2023

TD 2023/3

Income tax: what are the reasonable travel and overtime meal allowance expense amounts for the 2023–24 income year?

TD 2023/4

Income tax: use of an individual's fame by related entities

TD 2023/D1

Income tax: how the non-arm's length income and capital gains tax provisions interact to determine the amount of statutory income that is non-arm's length income

TD 2023/D2

Income tax: aggregated turnover and connected entities – Commissioner's discretion that an entity does not 'control' another entity

TR 2005/5A2 – Addendum

Income tax: ascertaining the right to tax United States (US) and United Kingdom (UK) resident financial institutions under the US and the UK Taxation Conventions in respect of interest income arising in Australia

TR 2021/2A1 – Addendum

Fringe benefits tax: car parking benefits

TR 2022/3ER1 – Erratum

Income tax: personal services income and personal services businesses

TR 2023/1

Income tax: residency tests for individuals

TR 2023/2

Income tax: application of paragraph 8-1(2)(a) of the Income Tax Assessment Act 1997 to labour costs related to the construction or creation of capital assets

QC27160