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  • Project Refresh – list of issues

    This page has the listing of issues previously identified as within scope of Project Refresh.

    See:

    • Consolidations – where views are spread across a number of rulings (and ATO interpretative decision where relevant) and would benefit from being combined into a single ruling
    • Rewrites – where the revision required to the ruling is substantial
    • Updates – where the revision to the ruling is a straightforward change
    • Withdrawals – where the ruling is no longer required.

    Consolidations

    • IT 167 Treatment for income tax purposes of radio and television competition prizes and IT 2145 Income tax: BHP awards for the pursuit of excellence – whether assessable income
    • IT 2340 Income tax: capital gains: deemed acquisition of assets by a taxpayer after 19 September 1985 where a change occurs in the underlying ownership of assets acquired by the taxpayer on or before that date and IT 2361 Income tax: capital gains: change in the underlying ownership of assets of a public company
    • IT 2346 Income tax: bonuses paid on certain life assurance policies – section 26AH – interpretation and operation, TD 92/144 Income tax: insurance: does subsection 26AH(4) apply to an owner of a life assurance policy when, as a result of a Court approved merger or takeover, a replacement policy is issued by the merged or acquiring life assurance company? and TD 92/145 Income tax: insurance: does the date of commencement of risk of a policy of life assurance recommence as a result of a Court approved merger or takeover of a life assurance company where the policy holder is issued with a replacement policy by the merged or acquiring life assurance company?
    • TD 92/171 Income tax: capital gains: does the main residence exemption extend to additional land acquired after the time of acquisition of the residence?, TD 1999/67 Income tax: capital gains: if your land (including land on which your dwelling is situated) exceeds 2 hectares, can you select which 2 hectares the main residence exemption in Subdivision 118-B applies to and, if so, how do you calculate any capital gain or capital loss you make on the remainder of your land?, TD 1999/68 Income tax: capital gains: is 'adjacent' land in terms of section 118-120 of the Income Tax Assessment Act 1997 limited to land contiguous to a dwelling? and TD 2000/15 Income tax and capital gains tax: what is meant by the phrase 'to the extent that' in subsection 118-120(1) of the Income Tax Assessment Act 1997 where it refers to 'land that is adjacent to a dwelling ... to the extent that you used the land primarily for private or domestic purposes in association with the dwelling as if it were a dwelling?
    • ATO ID 2009/110 Income tax: Self Managed Superannuation Funds: exchange traded options – tax treatment of premiums receivable, ATO ID 2009/111 Income tax: Self Managed Superannuation Funds: exchange traded options – tax treatment of premiums payable and ATO ID 2010/7 Income tax: Self Managed superannuation funds: tax treatment of future contracts
    • TD 2006/4 Income tax: can an Australian resident entity which keeps its 'accounts' predominantly in a foreign currency, choose to use that foreign currency as its 'applicable functional currency', where the entity is required to prepare financial statements in Australian dollars for statutory reporting purposes, TD 2006/7 Income tax: can an Australian resident company required to prepare financial reports under section 292 of the Corporations Act 2001 make a choice to use the 'applicable functional currency' under section 960-60 of the Income Tax Assessment Act 1997, if it is the head company of a consolidated group?, TD 2006/8 Income tax: can a 'small proprietary company', not required to prepare reports under section 292 of the Corporations Act 2001, make a choice to use the 'applicable functional currency' under item 1 of the table in subsection 960-60(1) of the Income Tax Assessment Act 1997? and TD 2007/24 Income tax: is the 'applicable functional currency' for the head company of a consolidated group determined by looking at the 'accounts' of all the members of the consolidated group, for the purposes of item 1 of subsection 960-60(1) of the Income Tax Assessment Act 1997?
    • TD 2 Capital gains: what are the CGT consequences for the lender (Creditor) when a debt is waived?, TD 3 Capital gains: what are the CGT consequences for the borrower (debtor) when a debt is waived? and TD 93/237 Income tax: capital gains: section 160A and subsections 160M(6) and 160M(7) of the Income Tax Assessment Act 1936 were amended by Taxation Laws Amendment Act (No 4) 1992 with effect from 25 June 1992. Will these amendments have an effect on the views expressed in Taxation Determinations TD 2 and TD 3 in respect of debt waivers?
    • TR 93/35 Income tax: medicare levy payable by persons entitled to full free medical treatment: dependants for medicare levy purposes, TR 93/37 Income tax: Medicare levy – Defence Force personnel on overseas postings, TD 92/168 Income tax: is a resident merchant seaman, in receipt of full medical cover on board an Australian ship for a specified period of the year, entitled to a Medicare Levy exemption for that period? and TD 93/103 Income tax: is a 'prescribed person' liable for half the medicare levy if that person maintains a spouse who is not a 'prescribed person'?
    • IT 117 Travelling expenses – between home and employment, IT 2199 Income tax: allowable deductions: travelling expenses between place(s) of employment and/or place(s) of business and TD 96/42 Income tax: is the cost of travel between a taxpayer's residence, being a property on which the taxpayer carries on a business of primary production, and a place of employment or business, deductible?
    • IT 2417 Income tax: imputation of company tax: form approved by commissioner of taxation for issue to shareholders receiving dividends, TD 2006/21 Income tax: consolidation: imputation: which entity in a MEC group is responsible for meeting obligations imposed by Part 3-6 (the imputation provisions) of the Income Tax Assessment Act 1997 in relation to a frankable distribution made to members outside the group by an eligible tier-1 company in the group that is not the provisional head company and TR 93/40 Income tax: imputation of company tax: form approved by Commissioner of Taxation for issue to shareholders receiving dividends for 1994-95 and later franking years
    • TD 92/148 Income tax: capital gains: is there a disposal and an acquisition where joint owners of a block of land subdivide that land into two smaller blocks with each owning one block? and TD 7 Capital gains: what are the CGT consequences of sub-dividing pre-CGT land?
    • IT 2204 Income tax: deductibility of interest payable on convertible notes, IT 2334 Income tax: convertible notes – meaning of convertible note, note and related instruments, IT 2427 Income tax: convertible notes – meaning of convertible note, note and related instruments, IT 2657 Income tax: deductibility of interest payable on convertible notes and TD 92/160 Income tax: must a loan which is evidenced, acknowledged or created by a convertible note have a specified maturity date for the note to come within section 82SA of the Income Tax Assessment Act 1936?
    • IT 2437 Income tax: foreign tax credit system – foreign taxes eligible for credit against Australian income tax, IT 2507 Income tax: foreign tax credit system – foreign taxes eligible for credit against Australian income tax and TR 93/4 Income tax: foreign tax credit system: treatment of worldwide unitary taxes and water's edge unitary taxes
    • TR 94/29 Income tax: capital gains tax consequences of a contract for the sale of land falling through and TR 1999/19 Income tax capital gains: treatment of forfeited deposits

    Rewrites

    • IT 2464 Income tax: requests for adjournment of taxation appeals pending outcome of criminal proceedings
    • TD 14 Capital gains: will payments made under Accident and Health Assurance policies be exempt from CGT?
    • TD 17 Capital gains: when an option to acquire an asset has been exercised, from what date can the option fee be indexed?
    • TD 33 Capital gains: how do you identify individual shares within a holding of identical shares?
    • TD 92/104 Income tax: foreign income: how are elections to be made by a controlled foreign company (CFC)?
    • TD 92/190 Income tax: is the installation cost of an in-ground swimming pool an allowable deduction to a primary producer if the water is used on occasions for fire fighting purposes?
    • TD 2005/35 Income tax: must an outgoing incurred by a supplier in deriving income from a taxable supply be apportioned when calculating the deduction allowable for the outgoing under section 8-1 of the Income Tax Assessment Act 1997, because some amount of the income relates to GST payable on a taxable supply, and is non-assessable non-exempt income?
    • TD 2006/40 Income tax: does subsection 40-230(1) of the Income Tax Assessment Act 1997 reduce the first element of the cost of a car designed mainly for carrying passengers by the amount of any input tax credit the taxpayer is or becomes entitled to for the acquisition or importation of the car before the car limit is applied?
    • TR 92/15 Income tax and fringe benefits tax: the difference between an allowance and a reimbursement
    • TR 93/23 Income tax: valuation of trading stock subject to obsolescence or other special circumstances
    • TR 93/30 Income tax: deductions for home office expenses
    • IT 88 Income tax: Trading Stock – Commonwealth securities held by authorised dealers in the short term money market
    • IT 131 Division 10B – research and preparation expenses of authors
    • IT 167 Treatment for income tax purposes of radio & television competition prizes
    • IT 316 Minor beneficiaries: court or damages trusts
    • IT 2167 Income tax: rental properties – non-economic rental, holiday home, share of residence, etc. cases, family trust cases
    • IT 2217 Income tax deductions: medical appliances
    • IT 2226 Income tax: building societies: co-operative companies deduction of interest on amounts advanced by depositors
    • IT 2289 Income tax: valuation of trading stock – average cost or actual cost
    • IT 2350 Income tax: value of trading stock on hand at end of year: cost price: absorption cost
    • IT 2423 Withholding tax: whether rental income constitutes proceeds of business – permanent establishment – deduction for interest
    • IT 2460 Income tax: disability insurance – deductibility of premiums
    • IT 2468 Income tax: withholding tax: building societies investments: interest or dividends
    • IT 2484 Income tax: capital gains: time of acquisition of patent
    • IT 2526 Income tax: averaging of incomes – application of section 155 of the Income Tax Assessment Act permanent reduction of income
    • IT 2534 Income tax: taxation treatment of directors fees, bonuses, etc.
    • IT 2542 Income tax: taxation position of United States non-government pensions
    • IT 2554 Income tax: Australia/Italy Double Taxation Agreement: Italian pensions derived by Australian residents
    • IT 2581 Income tax: the rendering of services by a scholarship holder
    • IT 2606 Income tax: deduction for interest on borrowings to fund share acquisitions
    • IT 2622 Income tax: present entitlement during the stages of administration of deceased estates
    • IT 2625 Income tax: deductibility of audit fees
    • IT 2631 Income tax: lease incentives
    • IT 2655 Income tax: betting and gambling – whether taxpayer carrying on business of betting or gambling
    • IT 2656 Income tax: deductibility of takeover defence costs
    • IT 2674 Income tax: gifts to missionaries, ministers of religion and other church workers – are the gifts income?
    • IT 2680 Income tax: withholding tax liability of non-resident beneficiaries of Australian trusts
    • IT 2684 Income tax: deductibility of interest on money borrowed to acquire units in a property unit trust

    Updates

    • TD 38 Capital gains: will the issuer of a convertible note be subject to capital gains tax if the convertible note is not exercised?
    • TD 57 Capital gains: how are compensation payments for the loss or destruction of an uninsured asset treated?
    • TD 92/109 Income tax: foreign income: does a controlled foreign company (CFC) which conducts its business on a cyclical basis satisfy the active income test?
    • TD 92/132 Income tax: property development: if land is trading stock, do related interest costs, council rates and land taxes, form part of the cost price for trading stock valuation purposes?
    • TD 92/184 Income tax: is a payment made under a loan agreement with a foreign lender, which is (a) in addition to stipulated interest payments as per the agreement, (b) calculated at a specified percentage rate, and (c) designed to compensate the lender for timing differences between the deduction of Australian withholding tax and the crediting of the withholding tax against income tax imposed in the lender's home country, in the nature of interest, and therefore, subject to the deduction of withholding tax under section 128B of the Income Tax Assessment Act 1936?
    • TD 92/185 Income tax: to which money market securities do the tax file number rules apply?
    • TD 93/10 Income tax: is a bankrupt allowed a deduction for losses incurred before bankruptcy, or for later voluntary payments made towards a released debt under section 79E, 79F, 80, 80AAA and/or 80AA of the Income Tax Assessment Act 1936?
    • TD 93/58 Income tax: under what circumstances is the receipt of a lump sum compensation/settlement payment assessable?
    • TD 93/65 Income tax: is a computer programmer a writer for the purposes of Division 16A of the Income Tax Assessment Act 1936?
    • TD 93/75 Income tax: can income from the sale of abalone taken by a person who is licensed to take and sell the abalone under the Fisheries Act 1968 (Vic) be assessable income of a partnership, company, trust, or another individual?
    • TD 93/80 Income tax: capital gains: how will Divisions 10 and 11 of Part IIIA of the Income Tax Assessment Act 1936 apply to options or rights issued by a company to shareholders, if the existing shares in respect of which the options or rights are issued consist of pre-CGT and post-CGT shares?
    • TD 93/108 Income tax: are taxpayers entitled to a deduction for the cost of renewing a driver's licence?
    • TD 93/112 Income tax: is a taxpayer who is required, as a condition of employment, to be within a specified weight to height ratio entitled to a deduction for a weight reduction program?
    • TD 93/138 Income tax: has an expense been 'incurred' for the purchase of imported trading stock which is in transit by sea and for which the bills of lading or non-negotiable waybills and finance documents relating to liability for payment have not yet been accepted?
    • TD 93/149 Income tax: when is a commission receivable by a travel agent from a services provider (eg an airline) derived as assessable income under section 25 of the Income Tax Assessment Act 1936?
    • TD 93/194 Income tax: how should a licensed club apportion expenses when calculating its taxable income?
    • TD 94/2 Income tax: when Division 16D of Part III of the Income Tax Assessment Act 1936 applies to an arrangement, a proportion of each arrangement payment, representing the notional principal amount, may be treated as non-assessable by the operation of subsection 159GK(1). In such cases is a proportion of the costs relating to the non-assessable amount not deductible under subsection 51(1)?
    • TD 94/89 Income tax: capital gains: in what year of income is a taxpayer required for tax purposes to include a capital gain or loss in relation to land disposed of under a contract which is made in one year of income, but which is settled in a later year of income?
    • TD 96/1 Income tax: can section 36A of the Income Tax Assessment Act 1936 apply if a sole trader who owns trading assets transfers the assets to another person as a trustee of a discretionary trust?
    • TD 96/2 Income tax: can section 36A of the Income Tax Assessment Act 1936 apply if a sole trader who owns trading assets declares himself or herself to be a trustee of a discretionary trust over the assets?
    • TD 96/37 Income tax: foreign income: is foreign tax payable by a controlled foreign entity (CFE) under an accruals tax law of a listed country within the meaning of section 456A if, under the tax law of the country, no tax is required to be paid?
    • TD 98/19 Income tax: capital gains: may initial repair expenditure incurred after the acquisition of a CGT asset be included in the relevant cost base of the asset?
    • TD 98/24 Income tax: capital gains: what are the CGT consequences of a CGT event happening to post-CGT real property if the property comprises separate CGT assets under Subdivision 108-D in Part 3-1 of the Income Tax Assessment Act 1997 (the 1997 Act) or if the property is sold with depreciable assets?
    • TD 1999/43 Income tax: capital gains: does section 118-140 of the Income Tax Assessment Act 1997 (about changing main residences) allow you to treat two dwellings as your main residence for a period of up to six months if you choose to apply: (a) section 118-145 (about absences from your main residence); or (b) section 118-150 (about building, repairing or renovating a dwelling)?
    • TD 1999/67 Income tax: capital gains: if your land (including land on which your dwelling is situated) exceeds 2 hectares, can you select which 2 hectares the main residence exemption in Subdivision 118-B applies to and, if so, how do you calculate any capital gain or capital loss you make on the remainder of your land?
    • TD 1999/78 Income tax: capital gains: for the purposes of CGT event B1, what is meant by the expression 'at the end of an agreement' in section 104-15 of the Income Tax Assessment Act 1997?
    • TD 2000/6 Income tax: capital gains: if a non-resident person bequeaths a CGT asset, which does not have the necessary connection with Australia, to a resident beneficiary, does that mean the resident makes a capital gain or capital loss if a CGT event later happens to the asset?
    • TD 2000/7 Income tax: capital gains: when does a CGT event happen to shares in a company, for the purposes of Part 3-1 and Part 3-3 of the Income Tax Assessment Act 1997, if the company is deregistered under the Corporations Law?
    • TD 2000/10 Income tax: capital gains: what are the CGT consequences for a shareholder if a company converts its shares into a larger or smaller number of shares?
    • TD 2000/14 Income tax: capital gains: if: you acquire land and a dwelling (dwelling A) on or after 20 September 1985 which you use as your main residence and do not use for income producing purposes; and you subdivide the land into 2 blocks and build another dwelling (dwelling B) on the subdivided vacant land and this dwelling becomes your main residence; and you choose to apply section 118-150 of the Income Tax Assessment Act 1997 (about building, repairing or renovating a dwelling) for dwelling B; and you sell dwellings A and B; are you entitled to the full main residence exemption in Subdivision 118-B for both dwellings?
    • TD 2000/16 Income tax: and capital gains tax: in what circumstances does subsection 118-150(5) of the Income Tax Assessment Act 1997 modify the start of the period in paragraph 118-150(4)(b) for which you choose under subsection 118-150(2) to apply the main residence exemption in Subdivision 118-B?
    • TD 2000/31 Income tax: capital gains: if you own an interest in a CGT asset and you acquire another interest in that asset, do the interests remain separate CGT assets for capital gains purposes or do they become a single asset?
    • TD 2001/10 Income tax: is the payer of a payment which is subject to pay as you go withholding required to give the recipient of the payment a payment summary and a copy of that payment summary?
    • TD 2001/13 Income tax: capital gains: for the purpose of the expression 'acquired the share' in paragraph 110-55(7)(b) of the Income Tax Assessment Act 1997 ('the 1997 act') does acquired include a case where you are taken to have acquired the share for an acquisition cost equal to its market value?
    • TD 2001/22 Income tax: is salary paid to a German resident employed as an assistant teacher in an Australian school exempt income?
    • TD 2002/10 Income tax: capital gains: what is meant by the phrase 'at least 12 months before' in subsection 114-10(1) of the Income Tax Assessment Act 1997 (about indexation) and subsection 115-25(1) (about the CGT discount)?
    • 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?
    • TD 2004/31 Income tax: which country is for the purposes of Part X of the Income Tax Assessment Act 1936 (the Act) the country of residence of a UK Limited Partnership (LP), a US LP, a UK Limited Liability Partnership (LLP) and a US LLP being a non-resident corporate limited partnership within Part III Division 5A of the Act?
    • TD 2005/22 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?
    • TD 2005/33 Income tax: does expenditure – which is a non-capital cost of ownership of a CGT asset – form part of the cost base of the asset, if it is a tax benefit in connection with a scheme to which the general anti-avoidance rules in Part IVA of the Income Tax Assessment Act 1936 apply?
    • TD 2006/6 Income tax: if an 'attributable taxpayer' makes a choice under item 4 of the table in subsection 960-60(1) of Subdivision 960-D of the Income Tax Assessment Act 1997, to use the 'applicable functional currency', will this choice apply to its calculation of 'attribution surplus' under section 370 of Part X of the Income Tax Assessment Act 1936
    • TD 2006/12 Income tax: for the purposes of Division 775 of the Income Tax Assessment Act 1997, what forex realisation events happen to a creditor and a debtor, on the effective assignment by the creditor to a third party of a presently existing right to receive an amount under a foreign currency-denominated debt?
    • TD 2006/25 Income tax: are margin payments made in respect of exchange-traded option and futures contracts deductible under section 8-1 of the Income Tax Assessment Act 1997?
    • TD 2006/30 Income tax: foreign exchange: when calculating the amount of any gain or loss on disposal or redemption of a traditional security denominated in a foreign currency, should the amounts relevant to the calculation be translated (converted) into Australian dollars when each of the relevant events takes place?
    • TD 2006/33 Income tax: is the cost of a depreciating asset purchased by a taxpayer to assist them undertake a specific client project immediately deductible under section 8-1 or written off over the effective life of the asset under section 40-25 of the Income Tax Assessment Act 1997 if the taxpayer continues to hold the asset after the project ends?
    • TD 2006/49 Income tax: are there circumstances when a balancing adjustment for a car is worked out under section 40-370 instead of section 40-285 of the Income Tax Assessment Act 1997?
    • TD 2006/62 Income tax: are certain payments to a volunteer foster carer to provide foster care assessable income?
    • TD 2006/71 Income tax: capital gains: small business concessions: is the part of a payment which is a small business 50% reduction amount a non-assessable part under CGT event E4 in section 104-70 of the Income Tax Assessment Act 1997?
    • TD 2007/2 Income tax: should a taxpayer who has incurred a tax loss or made a net capital loss for an income year retain records relevant to the ascertainment of that loss only for the record retention period prescribed under income tax law?
    • TD 2008/21 Income tax: is a Deferred Purchase Agreement warrant, an investment product offered by financial institutions, a traditional security for the purposes of sections 26BB and 70B of the Income Tax Assessment Act 1936?
    • TD 2009/14 Income tax: is a taxpayer entitled to an income tax deduction under subsection 70B(2) of the Income Tax Assessment Act 1936 where a Stapled Security of the kind described in Taxpayer Alert TA 2008/1 is sold at a loss or upon the occurrence of an Assignment Event?
    • TR 92/3 Income tax: whether profits on isolated transactions are income
    • TR 92/18 Income tax: bad debts
    • TR 93/11 Income tax: assessability of income on an accruals basis: when professional fees are derived
    • TR 95/6 Income tax: primary production and forestry
    • TR 96/5 Income tax: take or pay contracts
    • TR 96/6 Income tax: assessability of benefits arising from the purchase or order of new aircraft
    • TR 97/3 Income tax: capital gains: compensation received by landowners from public authorities
    • TR 2002/10 Income tax: capital gains tax: asset register
    • TR 2002/21 Income tax: pay as you go (PAYG) withholding from salary, wages, commissions, bonuses or allowances paid to office holders
    • TR 2003/15 Income tax: pay as you go (PAYG) withholding – payments made by trustees under the Bankruptcy Act 1966 to former employees
    • TR 2005/6 Income tax: lease surrender receipts and payments
    • TR 2005/14 Income tax: application of the Australia/New Zealand Double Tax Agreement to New Zealand Resident Trustees of New Zealand Foreign Trusts
    • TR 2006/8 Income tax: the cost basis of valuing trading stock for taxpayers in the retail and wholesale industries
    • TR 2006/14 Income tax: capital gains tax: consequences of creating life and remainder interests in property and of later events affecting those interests

    Withdrawals

    • IT 211 Forced disposal of livestock
    • IT 228 Forced disposal of livestock
    • IT 240 Restoration of flood damaged land – expenditure incurred by primary producers
    • IT 249 Income tax: ex gratia payments received by former employees
    • IT 253 Sole parent rebate in circumstances of mental or physical incapacity or imprisonment
    • IT 254 Sole parent rebate for part of year that a divorced or separated parent has access to child
    • IT 2107 Social Security sickness/invalidity benefits and workers' compensation benefits
    • IT 2254 Income tax: instalment purchase and depreciation on non-residential buildings
    • IT 2277 Income tax: partners seek to provide their service to their partnership through interposed company or trust
    • IT 2316 Income tax: distribution of partnership profits and losses
    • IT 2321 Income tax: fees paid to part-time members of governmental tribunals, committees, etc – requirement on member to pay fees into partnership account
    • IT 2356 Income tax: deductibility of interest, assessment to trustee of undistributed trust income
    • IT 2361 Income tax: capital gains: change in the underlying ownership of assets of a public company
    • IT 2496 Income tax: deductibility of the cost of lease receivables
    • IT 2512 Income tax: financing unit trusts
    • IT 2562 Income tax: foreign tax credit system: interaction of foreign tax credit provisions with capital gains and capital losses provisions of Part IIIA
    • IT 2584 Income tax: capital gains: exemption of certain gains and losses: betting and lottery winnings
    • IT 2588 Income tax: capital gains – ascertainment of market value of rights, options and convertible notes
    • IT 2612 Income tax: assessability of fellowship moneys received from an overseas university
    • IT 2613 Income tax: changed basis of accounting for expenditure
    • IT 2615 Income tax: Medicare Levy
    • TD 8 Capital gains: how does CGT apply to the amalgamation of two adjoining titles?
    • TD 9 Capital gains: how do you apportion consideration received on the disposal of a composite asset?
    • TD 92/159 Income tax: is a beneficiary under a legal disability (for example under 18 or mentally incapacitated) required to lodge a return where a distribution from one trust (other than a corporate or public trading trust) is the beneficiary's only source of income?
    • TD 93/55 Income tax: is a 'housing allowance subsidy' paid to an employee in respect of the employee's principal residence assessable under the Income Tax Assessment Act 1936 (ITAA)?
    • TD 93/60 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?
    • TD 93/122 Income tax: are organisations which are established to promote tourism exempt from income tax under paragraph 23(h) of the Income Tax Assessment Act 1936?
    • TD 93/237 Income tax: capital gains: section 160A and subsections 160M(6) and 160M(7) of the Income Tax Assessment Act 1936 were amended by Taxation Laws Amendment Act (No 4) 1992 with effect from 25 June 1992. Will these amendments have an effect on the views expressed in Taxation Determinations TD 2 and TD 3 in respect of debt waivers?
    • TD 94/10 Income tax: can a taxpayer after lodging a return but before any assessment is made alter the figure for closing stock by adopting a different basis of valuation to that on which the return was originally prepared?
    • TD 94/36 Income tax: thin capitalisation by non-residents: is the retrospective creation, or amendment, of an asset revaluation reserve allowed for the purposes of Division 16F of the Income Tax Assessment Act 1936?
    • TD 95/28 Income tax: capital gains: if there is more than one increased value share in a share value shift, can the formulas in Division 19B of Part IIIA of the Income Tax Assessment Act 1936 be applied to just one of the increased value shares?
    • TD 97/6 Income tax: what is the source of income, profits or gains derived by taxpayers from petroleum activities within Area A of the Zone of Cooperation established under the Treaty between Australia and the Republic of Indonesia on the Zone of Cooperation in an Area between the Indonesian Province of East Timor and Northern Australia ('the Timor Gap Treaty')?
    • TD 2000/35 Income tax: capital gains: is a capital gain or capital loss made from an antique car, a veteran car or a vintage car disregarded?
    • TD 2001/21 Income tax: Is salary paid to a French resident employed as an assistant teacher in an Australian school exempt income?
    • 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
    • TD 2006/39 Income tax: is a hearse 'a car designed mainly for carrying passengers' for the purposes of section 40-230 of the Income Tax Assessment Act 1997 and therefore subject to the car limit?
    • TD 2009/18 Income tax: does the term 'real property' in paragraph 855-20(a) of the Income Tax Assessment Act 1997 include a leasehold interest in land?
    • TR 92/2 Income tax: scientific research – the application of section 73A
    • TR 92/6 Income tax: whether a non-resident convertible noteholder is a foreign controller for thin capitalisation purposes
    • TR 92/7 Income tax: life assurance companies – total income
    • TR 92/12 Income tax: notional averaging of net capital gains or of abnormal income to calculate the rate of tax payable on taxable income
    • 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
    • TR 93/20 Income tax: computer spare parts
    • TR 93/31 Income tax: transfer of pensioner rebate between partners
    • TR 94/32 Income tax: non-accrual loans
    • TR 95/32 Income tax: development allowance: investment allowance: meaning of 'rights to use'
    • TR 96/24 Income tax: capital gains: guidelines to determine whether an amount described in a sale of business agreement as consideration for goodwill is properly characterised as a lease premium
    • TR 2002/13 Income tax: Australian films – Division 10B – tax avoidance schemes
    • TR 2005/2 Income tax: the meaning of 'foreign income' in subsection 6AB(1) of the Income Tax Assessment Act 1936 – inclusion of statutory income
    Last modified: 09 Apr 2020QC 50323