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ATO rulings and determinations

Autumn list of ATO rulings and determinations.

Last updated 19 March 2026

File ID

File Title

CR 2025/43

Otto Energy Limited – return of capital and dividend

CR 2025/44

FAR Ltd – return of capital

TD 2019/11W

Income tax: what are the reasonable travel and overtime meal allowance expense amounts for the 2019-20 income year?

TR 97/7A2 Addendum

Income tax: Section 8-1 – meaning of ‘incurred’ – timing of deductions

CR 2025/45

ACARP – research and development membership funding

CR 2025/46

Eumundi Group Limited – scheme of arrangement and interim dividend

GSTR 2003/3DC

Goods and services tax: when is a sale of real property a sale of new residential premises?

GSTR 2009/4DC

Goods and services tax: new residential premises and adjustments for changes in extent of creditable purpose

CR 2025/47

CU Health Pty Limited – exempt benefits relating to medical screenings, preventative health care, and counselling of employees

CR 2025/48

Paralympics Australia – medal payments

CR 2025/49

James Hardie Industries plc – New York Stock Exchange full listing and change in depository arrangement

TR 2006/11DC

Private rulings

GSTR 2005/6W

Goods and services tax: the scope of subsection 38-190(3) and its application to supplies of things (other than goods or real property) made to non-residents that are GST-free under item 2 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999

GSTR 2007/2W

Goods and services tax: in the application of paragraph (b) of item 3 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999 to a supply, when does 'effective use or enjoyment' of the supply 'take place outside Australia'?

Prepared food - withdrawn

Goods and Services Tax Industry Issues Food Industry Partnership

CR 2025/16 Addendum

The Trustee for Protect Severance Scheme No 2 – workers in receipt of severance payments

Detailed Good list - Addendum

Gods and Services Tax Industry Issues Detailed Food List

GSTD 2025/1

Goods and services tax: supplies of food of a kind marketed as a prepared meal

GSTR 2025/1

Goods and services tax: supplies of things (other than goods or real property) made to non-residents but provided to another entity in Australia

GSTR 2025/2

Goods and services tax: supplies of things (other than goods or real property) where effective use or enjoyment of the supply takes place outside Australia

PR 2025/9

Utmost International Isle of Man Limited - Executive Investment Account

TR 2004/18 Addendum

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

CR 2025/50

Totium Pty Ltd – health services provided to employees via The Exec Check program

CR 2025/51

Amani Gold Limited – return of capital

CR 2025/52

Greatland Gold Plc – scrip for scrip roll-over

GSTD 2025/1 Erratum

Goods and services tax: supplies of food of a kind marketed as a prepared meal

CR 2025/48 Erratum

Paralympics Australia – medal payments

CR 2025/53

92 Energy Limited – scrip for scrip roll-over for shareholders

GSTD 2007/3 Addendum

Goods and services tax: if a non-resident entity owns residential rental premises in Australia and an Australian accountant makes a supply to that entity consisting of advice about the premises and tax return preparation services, is that supply wholly or partly GST-free if made on or after 1 April 2005?

GSTR 2002/2 Addendum

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

GSTD 2012/7 Addendum

Goods and services tax: when are supplies of interconnection services made by an Australian resident telecommunication supplier GST-free under item 2 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999?

PR 2025/10

Bell Equity Lever - instalment receipts

PR 2025/11

Bell Geared Equities Investment

CR 2025/54

The Reject Shop Limited – scheme of arrangement and special dividend

MT 2008/1 Addendum

Penalty relating to statements: meaning of reasonable care, recklessness and intentional disregard

MT 2008/2 Addendum

Shortfall penalties: administrative penalty for taking a position that is not reasonably arguable

MT 2012/3 Addendum

Administrative penalties: voluntary disclosures

PR 2025/12

eFleetPass Tolling-toll Road gift cards

TD 2025/5

Income tax: disregarding certain payments under section 109R of the Income Tax Assessment Act 1936 in determining how much of a loan has been repaid in situations where notional loans are involved

CR 2025/55

Spartan Resources Limited – partial scrip for scrip roll-over

GSTD 2012/10 Addendum

Goods and services tax: when are telecommunication supplies made under arrangements for global roaming in Australia by an Australian resident telecommunication supplier GST-free under subsection 38-570(1) and subsection 38-570(3) of the A New Tax System (Goods and Services Tax) Act 1999?

GSTD 2012/8 Addendum

Goods and services tax: when are telecommunication supplies made under arrangements for global roaming outside Australia by an Australian resident telecommunication supplier GST-free under item 3 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999?

GSTD 2025/1 Erratum

Goods and services tax: supplies of food of a kind marketed as a prepared meal

GSTR 2025/1 Erratum

Goods and services tax: supplies of things (other than goods or real property) made to non-residents but provided to another entity in Australia

CR 2025/56

Engenco Limited – employee share scheme – disposal of shares under an off-market takeover

CR 2025/57

Investors Central Limited – Public Preference Shares – off-market share buy-back

PR 2025/13

Swiss Life (Singapore) Pte. Ltd. - Life Asset Portfolio Universal Asia

TD 2024/25 Addendum

Income tax: is bitcoin a 'foreign currency' for the purposes of Division 775 of the Income Tax Assessment Act 1997?

CR 2025/58

Silk Logistics Holdings Limited – employee share scheme – disposal of shares under a scheme of arrangement

CR 2025/59

Euroz Hartleys Group Limited – return of capital

CR 2025/60

Euroz Hartleys Group Limited – employee share scheme - return of capital

CR 2025/61

Rugby League Players’ Association Limited – employment termination payment

CR 2025/62

Interleasing (Australia) Limited – digital fringe benefits tax logbook for car logbook and odometer records

CR 2025/63

Domain Holdings Australia Limited – employee share scheme - minimum holding period

CR 2025/64

VGW Holdings Limited – scrip for scrip roll-over

CR 2025/65

GTN Limited – return of capital

CR 2025/66

Indiana Resources Limited – return of capital

LCR 2021/2 Addendum

Non-arm's length income - expenditure incurred under a non-arm's length arrangement

TD 2025/6

Income tax: does section 109U of the Income Tax Assessment Act 1936 only apply to arrangements where a private company gives a guarantee to another private company?

TR 2010/1 Addendum

Income tax: superannuation contributions

TR 2025/1

Income tax: exempt income of international organisations and persons connected with them

CR 2025/67

Platinum Asia Investments Limited – disposal of shares and special dividend

CR 2025/68

Flexabike – use of an electric bicycle by an employee

CR 2025/69

Whitefield Industrials Limited – bonus shares issued under Dividend Substitution Plan

TR 2025/2

Income tax: aspects of the third-party debt test in Subdivision 820-EAB of the Income Tax Assessment Act 1997

CR 2025/67 Erratum

Platinum Asia Investments Limited – disposal of shares and special dividend

CR 2025/70

Wellard Limited – return of capital

CR 2025/71

Washington H. Soul Pattinson and Company Limited – scrip for scrip roll-over

CR 2025/72

Brickworks Ltd – scrip for scrip roll-over

CR 2025/73

Washington H. Soul Pattinson and Company Limited – combination with Brickworks Ltd – replacement of employee share scheme awards

CR 2025/74

Brickworks Ltd – employee share scheme – disposal of shares under a scheme of arrangement

IT 2516W

Income tax: exclusion from tax for discounts provided under employee share acquisition schemes

TD 93/60W

Income tax: employee share acquisition schemes: can a resident taxpayer participating in a foreign employee share acquisition scheme take advantage of a reduction in discount under subsection 26AAC(4F) of the Income Tax Assessment Act 1936?

TR 2025/2 Erratum

Income tax: aspects of the third-party debt test in Subdivision 820-EAB of the Income Tax Assessment Act 1997

PR 2025/14

PPS Mutual Professionals Choice – Profit-Share Plan

TR 2006/11 Addendum

Private Rulings

CR 2025/75

AVJennings Limited – scheme of arrangement and special dividend

CR 2025/76

Museums Board of Victoria – Museums Victoria Early Retirement Scheme 2025-2026

TD 2020/1W

Income tax: value of goods taken from stock for private use for the 2019-20 income year

TD 2025/7

Income tax: value of goods taken from stock for private use for the 2025–26 income year

CR 2025/77

Gold Road Resources Limited – scheme of arrangement and special dividend

TR 2022/1W

Income tax: effective life of depreciating assets (applicable from 1 July 2022)

GSTD 2025/D1

Goods and services tax: supplies of formula products

GSTR 2012/6DC

Goods and services tax: commercial residential premises

IT 2167W Withdrawal

Income Tax: rental properties – non-economic rental, holiday home, share of residence, etc. cases, family trust cases

CR 2025/78

Greatland Gold Plc – employee share scheme – treatment of performance rights under the scheme of arrangement

TD 2025/D3

Income tax: when does a private or public ancillary fund 'provide' a 'benefit'?

TR 2025/D1

Income tax: rental property income and deductions for individuals who are not in business

CR 2025/79

Astron Corporation Limited – scheme of arrangement

GSTD 2025/2

Goods and services tax: supplies of sunscreen

LCR 2016/1 Addendum

GST and carrying on an enterprise in the indirect tax zone (Australia)

LCR 2018/1 Addendum

GST on low value imported goods

LCR 2018/2 Addendum

GST on supplies made through electronic distribution platforms

LCR 2018/3 Addendum

When is a redeliverer responsible for GST on a supply of low value imported goods?

CR 2001/1 Addendum

Class Rulings system

CR 2025/80

IMB Ltd – off-market share buy-back

CR 2025/81

Firefinch Limited – return of capital and special dividend

CR 2025/82

Alliance Leasing Pty Ltd – recipient's payments made after 31 March but before lodgment of the FBT return

IT235W

Timber industry workers - contract tree fellers

PR 2007/71 Addendum

The Product Rulings system

SGD 94/6W

What is the effect on the Superannuation Guarantee (Administration) Act 1992 (SGAA) of the High Court decision in Re Finance Sector Union of Australia; ex parte Financial Clinic (Vic.) Pty. Ltd. (1993) 67 ALJR 687?

TR 2006/10 Addendum

Public Rulings

CR 2025/83

Salary Packaging Australia Pty Limited – benefits provided to fly-in fly-out employees

CR 2025/84

TPG Telecom Limited – return of capital and special dividend

PR 2025/15

North West Rural Supplies Pty Ltd – Prepayment Program

CR 2025/85

Wesfarmers Limited – return of capital

CR 2025/86

Domain Holdings Australia Limited – scheme of arrangement and special dividend

MT 2012/1 Addendum

Miscellaneous taxes: application of the income tax and GST laws to immediate transfer farm-out arrangements

MT 2012/2 Addendum

Miscellaneous taxes: application of the income tax and GST laws to deferred transfer farm-out arrangements

PR 2025/16

Tax consequences for a borrower being charged an ‘Indexed Loan Rate’ under a loan

PR 2025/17

Instreet Structured Investment Pty Ltd – Instreet Masti

TR 2006/10 Addendum

Public rulings

TR 2017/1DC

Income tax: deductions for mining and petroleum exploration expenditure

CR 2025/87

CSIRO – studentship or internship stipends

CR 2025/88

WorkCover WA – settlement of compensation claim – Workers Compensation and Injury Management Act 2023 (WA)

CR 2025/89

Diabetes Victoria – loans from public and private ancillary funds

CR 2025/90

Equity Mates Media Pty Ltd – employee share scheme – disposal of shares under an off-market takeover

CR 2025/91

Infomedia Ltd – scheme of arrangement and dividends

CR 2025/92

Leo Lithium Limited – return of capital and special dividend

LCR 2015/3W

Subdivision 815-E of the Income Tax Assessment Act 1997: Country-by-Country reporting

 

Decision Impact Statements

CI-17-04907

Deputy Commissioner of Taxation v MWB Accountants Pty Ltd [2019] VCC 1516

2C_219/2024

A. AG v Federal Tax Administration

2022/3436 - Update

Bowerman and Commissioner of Taxation

VID 59 of 2022 - update

Simplot Australia Pty Limited v Commissioner of Taxation

VID 903 of 2023 - update

Commissioner of Taxation v Bendel [2025] FCAFC 15

VID 315 of 2022 - update

Commissioner of Taxation v Landcom

 




QC27160