ATO consultation report
This report describes ATO consultation activities in June 2021.
This report is prepared monthly and shared with our stewardship groups.
It contains:
Consultation matters
Statistics
Consultation matters received
|
10
|
Consultation matters completed
|
6
|
Matters under consultation
|
20
|
Draft advice and guidance products open for consultation
|
5
|
Consultation matters received
[202127] Guide to Independent Data Testing
[202124] Additional income tax return information
[202122] Tax risk management and governance for Top 1,000 taxpayers
[202121] Automatic system offsetting for complex business structures
[202120] Proposed Tax implications of Interbank Offered Rate reform guidance
[202119] New payment plan – Arrears status
[202117] Residential Colleges GST support and guidance
[202116] 2021 Effective life review of assets
Consultation matters completed
[202123] Revised remission principles for additional superannuation guarantee charge
[202118] New Investment Engagement Service
[202111] Transition to strengthening client verification
[202109] Worker classification
[202105] 'Contact us' user experience
[202009] Super contributions caps – impact of compensation payments from financial service providers
Draft advice and guidance products open for consultation
Draft Law Companion Ruling LCR 2021/D1 Temporary full expensing
Draft Taxation Determination TD 2021/D1 Income tax: when working out your aggregated turnover, are the relevant annual turnovers of entities connected with you, or entities that are affiliates of yours, determined by reference to your income year?
Draft Taxation Ruling TR 2021/D3 Income tax: research and development tax offsets – the at risk rule
Draft Taxation Ruling TR 2021/D4 Income tax: royalties – character of receipts in respect of software
Draft Legislative Instrument Taxation Administration – Single Touch Payroll – 2021–22 year Withholding Payer Number Exemption 2021
See open consultation for current products open for consultation.
News
Stewardship groups
The GST Stewardship Group (GSTSG) met with representatives of Debt and Lodgment and the Automatic system offsetting for complex business structures project team to discuss the inclusion of Branched entities for GST or pay as go withholding, GST joint ventures and GST groups in the expansion of automatic activity statement offsetting. Members raised a number of questions and issues to be explored and were invited to provide further feedback.
The National Tax Liaison Group (NTLG) met and the topics discussed included:
- ATO updates on
- readiness for Tax Time 2021 and support for tax professionals
- remediation programs following decisions handed down by the Full Federal Court in the matter of Commissioner of Taxation v Apted and for Commissioner of Taxation v Douglas
- Superannuation guarantee amnesty.
- Treasury and ATO’s review of guidance material for new legislation
- recent developments of the OECD’s multi-lateral negotiations including an update on OECD Pillar 1 and Pillar 2
- key tax measures announced as part of the 2021–22 Federal Budget
- the Justified Trust Program and the ATO’s administration of Objections
- ATO’s current approach to compliance and debt collection.
The Not-for-profit Stewardship Group (NFPSG) met and the topics discussed included:
- key tax time messages – in particular, compliance with the amended Ancillary fund guidelines
- Taxation Ruling TR 97/22 Income tax: exempt sporting clubs review
- retirement of the Residential Colleges GST Tool – consultation is starting in July
- new measures and legislative changes that impact not-for-profits
- enhancing the transparency of income tax exemptions
- new modern registry service – the Australian Business Registry Services (ABRS) and the director identification number (director ID) initiative
- Australian Charities and Not-for-profits Commission Amendment (2021 Measures No. 2) Regulations 2021.
- ACNC Australian Charities Report – 7th EditionExternal Link with results from the analysis of the Annual Information Statements.
The Private Groups Stewardship Group (PGSG) met and the topics discussed included:
- key Budget 2021–22 announcements impacts for ATO and Private Groups
- Top 500 tax performance program – ATO approach to tax governance in the Private Wealth market and new ratings that will apply
- Next 5,000 tax performance program – broader leveraged strategies that will commence in 2021–22
- the administrative approach for Reportable Tax Position Schedule disclosures in 2021–2022 for Large Private Companies
- Temporary Full Expensing. Loss Carry Back and Access to Small Business Entity Turnover Threshold
- Automatic system offsetting for complex business structures offsetting in activity statements
- Your Future, Your Super 1 July start
- new Indexation of the Transfer Balance Cap figures – will not display on ato.gov.au until 5 July
- Electronic roll over of SMSFs with the super stream system – will go live 30 September 2021
- policy framework for Part 7 Penalty remission
- Professional Firms, s100A consultation and Research and Development
- Disclosure of Business Tax Debt measure – resumption of firmer actions for taxpayers non-compliant with lodgment and payment obligations.
The Superannuation Industry Stewardship Group received an out of session presentation on findings from a Tax and transfer Policy Institute (TTPI) working paper on the impact of early release of retirement savings (through Transition to Retirement Income Streams) on labour market participation for those approaching retirement, from Andrew Carter representing the TTPI.
The Tax Practitioner Stewardship Group (TPSG) met and the topics discussed included:
Special purpose working groups
The APRA Funds Operational Insights Report Design Working Group met to discuss the Operational Insight Report (OIR). Discussion included:
- the first draft OIR, which included an update on the metrics used
- providing group members a copy of an OIR for their preferred fund, with a user guide, by late July/early August for review and testing
- the communication and engagement timeline to improve the sequencing of upcoming activities.
The ATO Online Superannuation Screens Communications Working Group met and the topics discussed included:
- Your Future, Your Super measure and potential ATO Online impacts
- ATO Online screen changes for the 19–20 June 2021 system release
- pre-deployment support material which included screenshots and copies of help content
- updates to the ATO App and the ATO Online simulator.
The SMSF Rollovers and Release Authorities v3 Co-design Group met and the topics discussed included:
- Member Verification System following the decommissioning of the Business Portal
- industry segment schedule and available support through to onboarding
- implementation and onboarding information (FAQ) updates
- SMSF Communications Plan
- ATO systems enhancements.
The Taxtime Shareable Content Group met to review and provide feedback on met to review and provide feedback on guidance material relating to the changes to the working from home expense claim methods for 2021–22.
Stakeholder relationship groups
The Superannuation Administration Group met and the topics discussed included:
- recent More Flexible Superannuation legislative changes
- Your Future, Your Super
- progress of SuperStream Rollovers version 3
- Reuniting More Super – Eligible Rollover Funds and Trustee Voluntary Payments
- SuperMatch update
- Fund experience with New Payments Platform
- APRA Funds Operational Insights Report progress.
The Tax Profession Digital Implementation Group met and, with a focus on education and self-service, the topics discussed included:
- the Optimising Interactions initiative
- the tax practitioner digital education program
- the Improving Small Business tax performance initiative
- Tax Time 2021 readiness
- activity statement / pay as you go Instalment notice issue that was raised earlier this year.
Monthly report on ATO consultation.