• Project Refresh withdrawals – completed

    The following taxation rulings have been withdrawn through Project Refresh.

    2017

    The following rulings were withdrawn on 17 May 2017:

    • TD 59 Capital gains: Where a dwelling is erected on pre-CGT land, is an election required under subsection 160ZZQ(5) to get the principal residence exemption for the time during which construction takes place?
    • TD 44 Capital Gains: How do sections 160ZL and 160ZM interact with section 308?
    • TR 2003/5 Income tax and fringe benefits tax: public benevolent institutions
    • IT 2672 Income tax: deductibility of costs of amending a superannuation fund trust deed
    • TR 2004/15 Income tax: residence of companies not incorporated in Australia - carrying on business in Australia and central management and control

    The following ruling was withdrawn on 3 May 2017:

    • TD 45 Capital gains: what are the CGT consequences of the acquisition by one of two tenants in common of the interest of the other tenant in common?

    The following rulings were withdrawn on 26 April 2017:

    • IT 351 Certain expenditure on land used for primary production
    • IT 2533 Income tax: film and video tape royalties – whether licensor's liability to tax is calculated on gross or net receipts TD 2011/3
    • IT 2555 Income tax: foreign tax credit system – foreign tax credit entitlement of corporate beneficiaries of trusts
    • IT 2620 Income tax: assessment of eligible termination payments – determination of forgone benefit part of approved early retirement scheme payments and bona fide redundancy payments made to members of pension funds
    • IT 2637 Income tax: private companies: loans or advances which represent distributions of profit
    • TD 94/66 Income tax: if the trustee of a unit trust is 'the owner' of a 'unit of industrial property' (UIP) under Division 10B of Part III of the Income Tax Assessment Act 1936, is a unit holder in that trust entitled to a deduction under Division 10B in respect of the UIP?
    • TD 98/26 Income tax: what is the approved form and manner of lodgment for an election to roll-over an eligible termination payment?
    • TD 2002/21 Income tax: how do the transitional measures in the Corporations Act 2001 ('Corporations Act') impact upon the definition of a financial entity for the purposes of Division 820 of the Income Tax Assessment Act 1997 ('ITAA 1997')?
    • IT 2486 Income tax: children's savings accounts
    • TD 92/106 Income tax: who should be assessed to interest earned on a joint bank account?
    • TD 92/182 Income tax: a taxpayer appoints another person as a joint signatory to operate a bank account in the taxpayer's name, if she becomes ill or is absent from Australia for any length of time. The taxpayer retains sole beneficial entitlement to the money in the bank account. Is the appointee assessable on any of the interest income derived?
    • TD 93/148 Income tax: are monetary gifts received by a child or any interest earned on investing such money treated as 'excepted assessable income'?

    The following rulings were withdrawn on 19 April 2017:

    • IT 226 Cattle leasing scheme – deductibility of expenses
    • IT 238 Locust fighting fund – deduction for contributions
    • IT 355 Sharedealing transactions by overseas investors
    • IT 2047 Australia/New Zealand Double Taxation Agreement Article 15 – teachers and professors
    • IT 2066 Double taxation agreement with France
    • IT 2146 Income tax: medical expenses – dietary foods and normal food substitutes for allergy sufferers Income tax: medical expenses – dietary foods and normal food substitutes for allergy sufferers
    • IT 2333 Income tax: OECD Traineeship Scheme
    • IT 2359 Income tax: medical expenses – in vitro fertilization
    • IT 2433 Income tax: substituted accounting periods: adjustments to taxable income
    • IT 2445 Income tax: the foreign tax credit system - the underlying tax credit
    • IT 2508 Income tax: foreign tax credit system – foreign income to be taken into account when determining foreign tax credits
    • IT 2529 Income tax: foreign tax credit system – foreign tax credit determinations
    • IT 2568 Income tax: tax treatment of U.S. sourced dividend interest and royalty income derived by U.S. citizens resident in Australia

    The following rulings were withdrawn on 12 April 2017:

    • IT 90 Life insurance companies: general management expenses
    • IT 2619 Income tax: tax liability of professors and teachers visiting Australia from the United Kingdom
    • IT 2635 Syndicated research and development arrangements      
      • Income tax rulings do not have the force of law
      • Each decision made by the Australian Taxation Office (ATO) is made on the merits of each individual case having regard to any relevant Ruling.
    • TD 92/125 Income tax: Property Development Industry (PDI) Cell: what is the purpose of the PDI Cell?
    • TD 92/140 Income tax: in Division 16D of Part III of the Income Tax Assessment Act 1936, what does effective life mean in applying the tests of a qualifying arrangement to items of second hand property?
    • TD 92/193 Income tax: is the interest component of Household Support repayments, under the States and Northern Territory Grants (Rural Adjustment) Act 1988, an allowable deduction under subsection 51(1) of the Income Tax Assessment Act 1936 (ITAA 1936)?
    • TD 93/93 Income tax: will a section 160AB rebate continue to apply to interest derived from State Bank Victoria Deposit Stock issued before 1 November 1968 if the interest is paid by the Commonwealth Bank of Australia?
    • TD 94/45 Income tax: may the material contained in the 1985, or earlier, ATO Assessing Handbooks be relied on as evidence of ATO's interpretation, policy or practice in respect of the Income Tax Assessment Act 1936?
    • TD 94/81 Income tax: where an 'infrastructure facility' is constructed or acquired by an unincorporated joint venture which is not a general law partnership, what is the nature of each joint venture participant's interest in that property as to 'ownership', 'use' and 'effective control of the use' thereof for the purposes of paragraph 159GZZZZB(1)(a) of the Income Tax Assessment Act 1936?
    • TD 1999/25 Income tax: interest withholding tax exemption under section 128F of the Income Tax Assessment Act 1936 – what conditions need to be satisfied before a resident company can raise finance by the issue of debentures through a 'non-resident borrowing subsidiary' in another country?
    • TR 2002/1 Income tax: research and development: plant expenditure (pre 29 January 2001)
    • TR 2002/6 Income tax: Simplified Tax System: eligibility – grouping rules (*STS affiliate, control of non fixed trusts)

    The following rulings were withdrawn on 5 April 2017:

    • IT 246 Seagoing employees: lump sum payments on termination of employment
    • IT 261 Fees paid to nursing homes – whether payments to a hospital
    • IT 2084 Income tax: losses & outgoings: financial institutions duty - bank account debits tax
    • IT 2109 Income tax: whether business of primary production carried on
    • IT 2163 Income tax: purchase and sale of import quota
    • IT 2234 Income tax: business of primary production
    • IT 2319 Income tax: director's fees paid by subsidiary company to full time or part time director of the parent company – requirement on director to pay fees to parent company
    • IT 2337 Income tax: sole parent rebate
    • IT 2391 Calculation of separate net income of dependants
    • IT 2453 Income tax: spouse rebate
    • IT 2473 Income tax: amounts appropriated by shareholders from a company for their own use; whether deemed dividends assessable in their hands; whether paid out of profits
    • IT 2476 Income tax: taxation incentives for Australian film industry
    • IT 2490 Income tax: eligible termination payments – approved early retirement scheme payments and bona fide redundancy payments – concessional component and forgone benefit part of eligible termination payment
    • IT 2492 Income tax: eligible annuities and eligible policies – unreasonable deferral of annuity income
    • IT 2513 Income tax: margin lending
    • IT 2585 Income tax: capital gains: hobbyists – acquisition and sale of non-listed personal-use assets
    • IT 2629 Income tax: taxation incentives for the Australian film industry
    • TD 23 Capital Gains: Can incidental costs incurred after an asset is disposed of form part of the cost base of the asset?
    • TD 93/78 Income tax: capital gains: under what circumstances will Divisions 10 and 11 of Part IIIA of the Income Tax Assessment Act 1936 apply to options or rights to acquire shares issued by a company to an existing shareholder?
    • TD 94/13 Income tax: are levies paid by wheatgrowers to the 'Wheat Industry Fund', as provided for by the Wheat Marketing Act 1989 and associated legislation, deductible under subsection 51(1) of the Income Tax Assessment Act 1936? Are refunds of 'equity' from this Fund assessable income under subsection 25(1)?
    • TD 95/26 Income tax: can the value of an annuity contract be amortised over the effective life of the annuity and the amortisation expense deducted from the annuity income when calculating the separate net income of a dependant under section 159J of the Income Tax Assessment Act 1936? Income tax: can the value of an annuity contract be amortised over the effective life of the annuity and the amortisation expense deducted from the annuity income when calculating the separate net income of a dependant under section 159J of the Income Tax Assessment Act 1936?
    • TD 97/4 Income tax: how are business profits or losses calculated under Article 4 of Annex D ('the Taxation Code') to 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 97/18 Income tax: life assurance companies - apportionment of current year deductions between classes of assessable income
    • TD 98/5 Income tax: when calculating separate net income for the purposes of claiming spouse rebate (a) can the cost of work related child care or travel be taken into account; and (b) do the substantiation rules apply?
    • TD 98/18 Income tax: what are sufficient instructions to enable a payer to make eligible termination payments and what are the record retention requirements for these instructions?
    • TR 2002/11 Income tax: Simplified Tax System eligibility – STS average turnover
    • TD 2006/35 Income tax: is a non-member spouse who is under 55 years of age entitled to a rebate under section 159SM or section 159SU of the Income Tax Assessment Act 1936 when a superannuation pension or 'eligible annuity' is split pursuant to an agreement or court order on marriage breakdown on a specified percentage basis?
    • TD 2011/2 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 2011?
    • TD 2011/3 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 2011?
    • TD 2011/4 Fringe benefits tax: for the purposes of Division 7 of Part III 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
    • TD 2011/5 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 2011?
    • TD 2011/6 Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 2011?

    The following rulings were withdrawn on 29 March 2017:

    • IT 2489 Income tax: business income of minors
    • IT 2227 Income tax: interest charged on overdue customer accounts

    The following rulings were withdrawn on 25 January 2017:

    • IT 86 Taxation of lump sum leave payments
    • IT 2626 Income tax: commission income of insurance agents and brokers
    • IT 2667 Income tax: trading stock valuation of freshwater crayfish
    • TD 5 Capital Gains: Are intangible improvements caught by subsection 160P(6)?
    • TD 12 Capital Gains: What is the consideration for the acquisition of an asset purchased at the expiry of a lease agreement?
    • TD 31 Capital Gains: How are insurance policy proceeds treated when received in respect of lost or destroyed assets?
    • TD 92/105 Income tax: is eligible training expenditure as defined in the Training Guarantee (Administration) Act 1990 incurred by an employer who carries on business an allowable income tax deduction?
    • TD 93/25 Income tax: are payments to concrete pump truck operators within the building and construction industry liable to deductions of tax under the Prescribed Payments System (PPS)?
    • TD 93/98 Income tax: when do the final royalty withholding tax provisions first apply?
    • TD 93/102 Income tax: does a person cease to be engaged in a course of full-time education for the purposes of the pro-rating of the tax-free (zero rate) threshold when the person joins the Australian Defence Force Academy?
    • 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 (the Act)?
    • TD 94/32 Income tax: capital gains: where no amount of money or other consideration is given for the acquisition of any of the rights, or an interest in any of the rights, under a policy of life assurance, and the person acquiring such rights is not the original beneficial owner, will subsection 160ZH(9) of the Income Tax Assessment Act 1936 deem market value consideration in subsection 160ZZI(3)?
    • TD 94/33 Income tax: capital gains: is exemption under section 160ZZI of the Income Tax Assessment Act 1936 limited to the disposal of the right under a policy of life assurance that results from those acts, transactions or events listed in subsection 160ZZI(4)?
    • TD 94/92 Income tax: is the cost of travelling for the purpose of having a tax return prepared by a ‘recognised professional tax adviser’, an allowable deduction under section 69 of the Income Tax Assessment Act 1936?
    • TD 98/2 Income tax: capital gains: what are the taxation consequences for an individual resident shareholder who accepted the share buy-back offer made by the Commonwealth Bank of Australia (CBA) on 1 December 1997?
    • TD 98/15 Income tax: capital gains: what are the capital gains consequences for an Australian resident individual shareholder who sells their original allocation of shares in AMP Limited?
    • TD 98/16 Income tax: capital gains: what are the capital gains consequences for an Australian resident individual shareholder who transfers their original allocation of shares in AMP Limited to a related party?
    • TD 98/25 Income tax: capital gains: is there a CGT event when an investor pays the final instalment under the Commonwealth Bank of Australia (CBA) and Telstra public share offers and the shares are transferred to the investor?
    • TD 1999/6 Income tax: what is the purpose of sections 279E and 289A of the Income Tax Assessment Act 1936 (ITAA 1936)?

    2016

    The following ruling was withdrawn on 21 December 2016:

    • ST 2074 Sales tax: spoonstraws and drink spoons

    The following rulings were withdrawn on 20 December 2016:

    • TD 92/189 Income tax: under an employee share acquisition scheme, an employee is allotted partly paid shares which are subject to a restriction on disposal in terms of subsection 26AAC(15). Several years later, the employee is made redundant and pays the balance of the issue price of the shares so that the restriction on disposal ceases. Is any 'excess' of the market value of the shares (at the time the restriction ceases) over their cost of acquisition treated concessionally as an eligible termination payment?
    • TD 92/200 Income tax: for a lump sum or eligible termination payment rebate under section 159SA of the Income Tax Assessment Act 1936 (ITAA), does 'the rate of tax' for a primary producer refer to the notional rate under subsection 12(2) and subsection 12(3) of the Income Tax Rates Act 1986 (ITR)?
    • TD 93/42 Income tax: employee share acquisition scheme: does section 26AAC of the Income Tax Assessment Act 1936 apply to a situation where shares have been acquired under a scheme by a person who is engaged to provide services on a contract basis?
    • TD 93/157 Income tax: has a person stopped full-time education for the first time during the year of income if that person completed secondary education at the end of the school year and could not obtain enrolment in a further course of full-time education until after 30 June?
    • TD 93/158 Income tax: can a trustee of a deceased partner's estate be a party to a joint election for roll-over relief under subsection 59AA(2C) of the Income Tax Assessment Act 1936 where there has been a change in ownership or interest in depreciated property due to the death of the partner?
    • TD 94/26 Fringe benefits tax: what records of distance travelled are acceptable if the employer did not keep the opening and closing odometer readings for a car for the statutory formula method of calculating car fringe benefits in section 9 of the Fringe Benefits Tax Assessment Act 1986?
    • 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?
    • TD 95/59 Income tax: infrastructure borrowings: is a rebate in accordance with section 159GZZZZG available where interest from infrastructure lending is exempt under section 159GZZZZE and is partially exempt under another provision?
    • TD 97/23 Income tax: what is the approved form of an election under subsection 139E(1) of the Income Tax Assessment Act 1936 ('the Act') so that it applies to all shares or rights acquired in an income year under a qualifying employee share scheme?
    • TD 98/1 Income tax: does 'expenditure on research and development activities' in subsection 73B(27A) and sections 73C and 73D of the Income Tax Assessment Act 1936, include 'core technology expenditure'?
    • TD 1999/64 Income tax: capital gains: what are the consequences for taxpayers who make a capital gain on the conversion of their Wheat Industry Fund units to shares in AWB Limited?
    • TD 1999/65 Income tax: capital gains: how do you calculate the cost base of a Wheat Industry Fund unit issued to a wheat levy payer from the Fund?
    • TD 2000/27 Income tax: can a company satisfy the requirements of section 80A or section 80E of the Income Tax Assessment Act 1936 if 50% or more of its shares are held by the trustee(s) of a discretionary trust(s)?
    • TD 2001/17 Income tax: capital gains: if a company transferred a net capital loss under Subdivision 170-B of the Income Tax Assessment Act 1997:        
      • (a) when do the adjustments required by section 170-175 or 170-180 to the cost base and reduced cost base of a group company's interest in the loss company or the gain company take effect; and
      • (b) what happens if a subvention payment (loss company) or a tax benefit (gain company) that would otherwise be taken into account in determining the amount of any adjustment, is no longer reflected in the market value of an interest at the time a CGT event happens to it because the subvention payment or tax benefit has been distributed as a dividend?
    • TD 2002/3 Income tax: capital gains: can a shareholder in HIH Insurance Limited choose to make a capital loss on a share in that company under CGT event G3 (about a liquidator declaring shares worthless) in section 104-145 of the Income Tax Assessment Act 1997?
    • TD 2002/17 Income tax: capital gains: can a shareholder in One.Tel Limited choose to make a capital loss on a share in that company under CGT event G3 (about a liquidator declaring shares worthless) in section 104-145 of the Income Tax Assessment Act 1997?
    • TD 2002/28 Income tax: when can a foreign bank elect not to apply Part IIIB of the Income Tax Assessment Act 1936 (ITAA 1936) in calculating the taxable income attributable to the activities of its Australian branch?
    • TD 2003/12 Income tax: what activities are 'seasonally dependent agronomic activities' for the purposes of section 82KZMG of the Income Tax Assessment Act 1936?
    • 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?
    • 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?
    • TD 2006/34 Income tax: will the Commissioner exercise his discretion under subsection 27H(3) of the Income Tax Assessment Act 1936 in determining the deductible amount in relation to a superannuation pension or 'eligible annuity' split pursuant to an agreement or court order on marriage breakdown?
    • TD 2007/3 Income tax: is a deduction allowable to complying superannuation funds, under section 279 of the Income Tax Assessment Act 1936, for insurance premiums attributable to the provision of benefits for members in the event of temporary disability longer than two years?

    The following rulings were withdrawn on 7 December 2016:

    • TD 94/49 Income tax: can convertible notes qualify as infrastructure borrowings?
    • TD 94/51 Income tax: when does the exemption period commence in relation to a direct or indirect infrastructure borrowing?
    • TD 94/52 Income tax: can funds be raised through an infrastructure borrowing before expenditure is contractually required to be made for the construction of an infrastructure facility, or the construction or acquisition of a related facility?
    • TD 94/53 Income tax: what is an appropriate treatment for funds that have been raised under an infrastructure borrowing, but which are not immediately used?
    • TD 94/80 Income tax: is an investor who borrows to fund the purchase price of infrastructure borrowings, entitled to a deduction under subsection 51(1) of the Income Tax Assessment Act 1936 for any interest incurred by the investor for that purpose?
    • TD 2003/24 Income tax: Simplified Tax System (STS): what amount is returned as assessable income by an STS taxpayer in relation to an assessable payment to them that has been subject to the Pay As You Go withholding rules in Division 12 of Schedule 1 to the Taxation Administration Act 1953?
    • TD 2003/25 Income tax: Simplified Tax System (STS): does paragraph 328-105(1)(a) of the Income Tax Assessment Act 1997 (ITAA 1997) apply to an amount received by an STS taxpayer, but not yet derived as ordinary income under the ordinary operation of section 6-5 of the ITAA 1997?
    • TD 2003/26 Income tax: Simplified Tax System (STS): for which income year should an STS taxpayer claim an income tax deduction for an amount withheld under the Pay As You Go withholding rules in Division 12 of Schedule 1 to the Taxation Administration Act 1953?
    • TD 2003/29 Income tax: Simplified Tax System: can an entity that has notified the Commissioner of its choice to stop being an STS taxpayer for an income year, later cancel that choice for that year?
    • TD 2003/30 Income tax: Simplified Tax System: can an entity that has notified the Commissioner of its choice to become an STS taxpayer for an income year later revoke that choice in respect of that year?
    • TD 2003/31 Income tax: Simplified Tax System: can an entity notify the Commissioner of its choice to become, or stop being, an STS taxpayer for an income year, after it has lodged that year's income tax return?
    • TD 2005/4 Income tax: section 8-1 of the Income Tax Assessment Act 1997: refinancing a capital protected loan facility: interest deductibility
    • TD 2005/5 Income tax: section 8-1 of the Income Tax Assessment Act 1997: capital protected loan facility with a reset feature: interest deductibility
    • TD 2005/6 Income tax: section 8-1 of the Income Tax Assessment Act 1997: capital protected loan facility with a trading feature: interest deductibility
    • TD 2005/7 Income tax: section 8 1 of the Income Tax Assessment Act 1997: capital protected loan facility with a call option writing feature: interest deductibility
    Last modified: 11 Jul 2017QC 51349