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  • ATO consultation report

    This report describes ATO consultation activities in December 2019 and January 2020.

    This report is prepared monthly and shared with our stewardship groups.

    It contains:

    Consultation matters


    December 2019 – January 2020 statistics

    Consultation matters received


    Consultation matters completed


    Matters under consultation


    Draft advice and guidance products open for consultation


    Consultation matters received

    If a consultation matter was received and completed in the reporting period, the information is provided under consultation matters completed.

    [202003] MEC Groups avoiding capital gains tax through asset transfers prior to disposal

    [202002] Structured arrangements and luxury car tax

    [201943] Practical Compliance Guideline PCG 2019/8 – Proposed Schedule 2 on transaction accounts

    [201941] Structured arrangements providing imputation benefits

    Consultation matters completed

    [201932] Large Market Independent Review Process

    [201929] Practice Statement – Superannuation Industry (Supervision) Act Section 166: Administrative penalties

    [201928] Access to deceased taxpayers' information

    [201915] Protecting your super implementation

    [201909] Activity statement financial processing (ASFP) project

    [201903] e-invoicing initiative

    Draft advice and guidance products open for consultation

    Draft Goods and Services Tax Determination

    GSTD 2019/D1 - Goods and services tax: development works in the Australian Capital Territory

    Draft Law Administration Practice Statement

    PS LA 2019/D2 - Administering general anti-abuse rules, such as a principal or main purposes test, included in any of Australia's tax treaties

    Draft Law Companion Ruling

    LCR 2019/D4 - The superannuation fund for foreign residents withholding tax exemption and sovereign immunity

    Draft Taxation Ruling

    TR 2019/D7 - Income tax: when are deductions allowed for employees' transport expenses?

    See Open consultation for current products open for consultation.


    Stewardship groups

    The Superannuation Industry Stewardship Group met and the topics discussed included:

    • members’ perspective on key activities across the superannuation system over the next 18 months
    • members’ organisational priorities and how they impact on the superannuation industry
    • Protecting your Superannuation and Putting Members Interests First legislation, along with the activities around proactively consolidating ATO held unclaimed super.

    Members were briefed about the Melbourne Mercer Global Pension Index (MMGPI) 2019 report, and received updates on the:

    • progress of ATO’s superannuation program of work, including the release of the annual postcode data on lost and unclaimed super, the intent to reduce the processing time for registering new SMSFs, and the analysis of superannuation guarantee payment transactions
    • Retirement Income Review
    • Heat map on the performance of MySuper products, by APRA.

    Special purpose working groups

    Other related groups

    The STP Client Engagement Focus Group (sub group of the STP special purpose working groups) met and members:

    • received an update on Activity Statement experience changes, including a walkthrough on the design, rollout and communications approach
    • received a walkthrough of interactive scenarios and provided insight to the client experience changes
    • reviewed email templates and a factsheet to support the STP Prefill pilot. Changes were made to reflect the feedback received.

    Stakeholder relationship groups

    The SMSF Auditors Professional Association Group met and the topics discussed included:

    • whether the quality of investment strategies is improving following the ATO trustee diversification letters and the proposed investment strategy guidance for trustees
    • the proposed news article on the outcomes on the Top 100 auditor program to date and industry concerns about the outcomes considering the high volume of work undertaken by the Top 100
    • labels on the SMSF annual return impacting auditors including Part A qualifications and the potential mandatory reporting of an audit fee
    • moving of the Electronic Superannuation Audit tool (eSAT) to online services for business due to compatibility issues
    • ATO’s compliance program results including ASIC referrals for the 2019–20 year to date.

    The Superannuation Administration Group met and the topics discussed included:

    • Protecting Your Super – Successful consolidation of superannuation accounts – $2.07 billion reunited with members as at 21 November 2019. The ATO will work with industry to manage an anticipated significant volume of unclaimed super monies (USM) from the April 2020 run.
    • Annual Balance Reporting – The ATO estimated $26 million to be reported in annual balances, $27.5 million was received by Funds. Industry indicated the process went well, noting that being a MATS transitional year added complexity for members and funds getting used to new products and processes.
    • Reporting protocols – The Annual Member Contribution Balance Amounts protocol is currently being updated and will be issued to industry for review early in 2020. The USM protocol has been updated.
    • SuperMatch campaign – The ATO issued letters in December to all trustees with an alert that SuperMatch Version 8 has been issued. Responses from those that have not yet engaged on a solution compliant with Version 7 or 8 are required by mid–February.
    • AUSkey decommission on 27 March 2020 – Industry has been encouraged to begin preparation if they have not already. The AUSkey transition team is available to assist funds and administrators to prepare for the change.
    • 2020 Priorities moving forward – Members discussed a number of priorities for the industry in 2020 including early visibility of initiatives and changes that will impact funds.

    The Superannuation Data Standard Technical GroupExternal Link (SDSTG) met and the topics discussed included:

    • Employer Data / Dangerous Occupation – The new Putting Members Interest First (PMIF) Bill introduced requirements for trustees to identify employees who are in dangerous occupations and to offer different insurance products. An issue identified was that currently reporting of employees' occupations by employers is optional.
    • New Payments Platform (NPP) – References to expectations of financial institutions regarding superannuation payments on the Changes impacting the Super Industry Roadmap has generated queries from industry seeking more information on these topics. The ATO met with NPP Australia following publication of the roadmap to discuss making more information publicly available and to engage with industry to identify and respond to issues.
    Last modified: 14 Feb 2020QC 43732