ATO consultation report
This report describes ATO consultation activities in April 2020.
This report is prepared monthly and shared with our stewardship groups.
It contains:
Consultation matters
Statistics
Consultation matters received
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1
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Consultation matters completed
|
2
|
Matters under consultation
|
13
|
Draft advice and guidance products open for consultation
|
6
|
Consultation matters received
If a consultation matter was received and completed in the reporting period, the information is provided under consultation matters completed.
Consultation matters completed
[202011] JobKeeper - Commissioner's Legislative Instrument
[202001] Annual reporting obligations
Draft advice and guidance products open for consultation
Draft Legislative Instrument Taxation Administration – Single Touch Payroll – 2020-21 year Portable Long Service Leave and Portable Redundancy Scheme Providers Exemption 2020
Draft Legislative Instrument Taxation Administration – Single Touch Payroll – 2020-21 year Withholding Payer Number Exemption 2020
Draft Explanatory Statement Taxation Administration – Single Touch Payroll – 2020-21 year Portable Long Service Leave and Portable Redundancy Scheme Providers Exemption 2020
Draft Explanatory Statement Taxation Administration – Single Touch Payroll – 2020-21 year Withholding Payer Number Exemption 2020
Decision impact statement Burton v Commissioner of Taxation
Decision impact statement Melbourne Apartment Project Pty Ltd (as trustee for Melbourne Apartment Project) v Commissioner of Taxation
See open consultation for current products open for consultation.
News
Stewardship groups
The National Tax Liaison Group (NTLG) participated in the following activities:
- a discussion on the ATO’s intended approach to provide further support to the community, specifically tax professionals, in response to challenges arising from the COVID-19 crisis. Discussions at the meeting focussed on lodgment deferrals and the waiver of failure to lodge penalties.
- Treasury and ATO targeted consultations regarding the JobKeeper Payment Scheme.
NTLG members were with provided with key updates regarding the JobKeeper Payment Scheme.
The Private Groups Stewardship Group (PGSG) met and the topics discussed included:
- JobKeeper payment
- The Private Wealth business line is contacting large employers who use Single Touch Payroll (STP) and have more than 200 employees, and employers who do not use STP and have more than 40 employees to provide assistance in the enrolment process as additional steps may be necessary.
- Dedicated teams have been established to assist eligible employers and their advisers in the private groups market with questions on the JobKeeper payment. Employers and advisers can email privatewealthservicesteam@ato.gov.au
- Boosting cash flow for employers - there is a small number of entities who may be asked for more information before cash flow boost credits are released. The Private Wealth business line is reaching out to a small number of Private Wealth entities, who may be eligible for the cash flow boost, to check if ATO web guidance requires further updates.
- Early release of superannuation.
- Transition to myGovID - to lodge online through the ATO Business Portal to receive payments from some of the stimulus measures, clients need to log in using myGovID.
- Members were advised that new issues and responses will be included in the COVID-19 frequently asked questions.
The Small Business Stewardship Group has been meeting regularly to discuss ATO support measures for small businesses impacted by COVID-19. Topics discussed included:
- the stimulus measures
- eligibility requirements for small businesses seeking to access JobKeeper payments, early release of superannuation, and boosting cash flow for employers measure
- COVID-19 website content on ato.gov.au
- ABN registration trends.
The Superannuation Industry Stewardship Group met and the topics discussed included:
- the ATO’s current position on the Early Release of Super COVID-19 measure
- priorities, status of existing work programs and announcements by Treasury, Australian Prudential Regulation Authority (APRA) and Australian Securities and Investments Commission (ASIC).
The Tax Practitioner Stewardship Group are meeting weekly to discuss COVID-19 impacts and response for the tax profession. Topics discussed included:
- JobKeeper measure
- cash flow boost
- early access to superannuation
- ATO call centre operations and volumes
- ATO communications and ATO website updates
- lodgment deferrals
- Tax Time readiness
- pay as you go (PAYG) instalment options to vary instalments to zero without ATO imposing penalties or interest, claim a credit for previously paid instalment amounts
- client account services
- tax profession queries and concerns
- community intelligence.
Some members met to review and provide feedback on the JobKeeper application form that will be available in the Online services for agents.
Professional association representatives met to discuss intelligence received by the professional associations’ call centres and how the ATO can best provide information to professional associations about COVID-19.
Special purpose working groups
The Tax Time Shareable Content Group met and the topics discussed included:
- lump sum payment in arrears tax offset
- low and middle income tax offsets
- record keeping for work-related tax deductions
- gaming attendant work-related tax deductions.
Stakeholder relationship groups
The BAS Agent Association Group met and discussed:
- COVID-19 stimulus measures
- JobKeeper payment
- early access to their superannuation
- temporarily reducing superannuation minimum drawdown rates
- boosting cash flow assistance for employers
- increasing the instant asset write-off, making more businesses eligible
- backing business investment by accelerating depreciation deductions.
- payment and debt management
- communication preferences – new function in Online services for agents
- superannuation guarantee amnesty
- Tax Practitioners Board update
- extension of BAS agent services legislative instrument
- cash flow boost for employers
- lodgment and payment deferrals.
The SMSF Auditors Professional Association Stakeholder Group met and discussed:
- the SMSF Independent Auditor’s Report (IAR) for the 2020 income year - feedback from members has been incorporated and the IAR is in the process of being technically cleared prior to publication
- SMSF frequently asked questions (FAQs) on the impacts of COVID-19 - members were thanked for providing feedback. Updates to the FAQs will be made as questions arise and the ATO is able to provide guidance. Members suggested dating each FAQ item to improve reliability of information.
- appropriateness of auditors to report contraventions to the ATO where the contravention was due to the impacts of COVID-19 - it was agreed that this would depend on the circumstances and that the ATO will draft further guidance to assist auditors.
Monthly report on ATO consultation.