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  • Withdrawals – Project Refresh

    The following public rulings may be withdrawn under Project Refresh. You are invited to comment on these withdrawals by 19 February 2018. This can be done by email.

    IT 2496
    Income tax: deductibility of the cost of lease receivables

    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?

    Withdrawals being progressed

    The following withdrawals have previously been advised and are now being withdrawn under Project Refresh.

    IT 240
    Restoration of flood damaged land – expenditure incurred by primary producers

    IT 249
    Income tax: ex gratia payments received by former employees

    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 2310
    Income tax: discovery of documents in Part V appeal claim for privilege under secrecy provisions

    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 2510
    Income tax: time for an appeal against a decision of the Administrative Appeals Tribunal

    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 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

    MT 2001
    Freedom of Information Act 1982 - treatment of requests for section 9 documents

    TD 9
    Capital Gains: How do you apportion consideration received on the disposal of a composite asset?

    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 93/100
    Income tax: payment of equipment royalties pursuant to a contract entered into prior to 8pm on 18 August 1992.

    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 93/196
    Income tax: do payments received by an employee from an employer in respect of motor vehicle expenses incurred by an employee need to be considered when ascertaining the rebate for personal superannuation contributions to which the employee may be entitled under section 159SZ, and the repealed section 159TL, 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 94/27
    Income tax: does 'separate net income' include the imputation credits attached to franked dividends?

    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 94/50
    Income tax: are legal fees and other professional fees incurred in relation to the construction of an infrastructure facility able to be financed by infrastructure borrowings under section 159GZZZZA of the Income Tax Assessment Act 1936?

    TD 94/79
    Income tax: capital gains: if a post-CGT asset bequeathed to a legal personal representative/beneficiary (LPR/B) is disposed of within 12 months of the LPR/B's acquisition, in which circumstances is indexation available?

    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?

    TD 2009/20
    Income tax: where the net income of a partnership (determined in accordance with section 90 of the Income Tax Assessment Act 1936) includes Foreign Investment Fund (FIF) income, will an Australian resident taxpayer which is assessable on its share of the net income under section 92 be entitled to a FIF exemption under subsection 519B(2) of that Act for any relevant proportion of their share of the partnership's net income?

    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 93/14
    Income tax: medical expenses rebate - fees paid to a hostel for aged or disabled persons

    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 93/34
    Income tax: medical expense rebate - meaning of medical or surgical appliance

    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: 30 Jan 2018QC 50323