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    [202109] Worker classification

    Registered

    April 2021

    Expected completion of consultation

    July 2021

    Consultation status

    Consultation with government partners is underway.

    Consultation purpose

    To seek input and insights to guide development of future guidance material for worker classification.

    Description

    The ATO is developing its approach for worker classification.

    Who we are consulting

    • Government partners
    • Business associations
    • Business representatives
     

    Consultation lead

    Rebecca Knill, Superannuation and Employer Obligations
    rebecca.knill@ato.gov.au
    Phone (08) 8218 9465

    [202107] Research and Development Tax Incentive for Software activities

    Registered

    March 2021

    Expected completion of consultation

    May 2021

    Consultation status

    A collaborative workshop was conducted in April. Feedback is being considered.

    Consultation purpose

    To improve understanding between government agencies and the software industry on application of the Research and Development Tax Incentive.

    Description

    The research and development tax incentive provides a tax offset for eligible R&D activities.

     

    ATO along with our joint administrator AusIndustry will be participating in a collaborative workshop with industry on eligible software activities under the Research and Development Tax Incentive.

    Who we are consulting

    • Atlassian
    • StartupAus
    • ReadyTech
    • Withyouwithme
    • Brighte
    • Airtasker
    • Sonder
    • Deputy
    • Canva
    • HealthEngine
    • AgriDigital
    • Culture Amp 
     

    Consultation lead

    Jade Hawkins, Private Wealth
    jade.hawkins@ato.gov.au
    Phone (02) 9374 2542

    [202015] Effective life review of assets

    Registered

    July 2020

    Expected completion of consultation

    March 2022

    Consultation status

    Consultation on lives of Horse training – racing industry and Other non-metallic mineral mining assets has been completed.

     

    Draft asset lists and effective lives will be published on ato.gov.au for public comment.

     

    Further consultation for lives of Casino operations and Medical and surgical equipment manufacturing assets is being undertaken.

    Consultation purpose

    To determine the effective life of assets used in the following industries:

    • Casino operations
    • Medical and surgical equipment manufacturing
    • Other non-metallic mineral mining
    • Horse training (racing) industry. 
     

    Description

    Under section 40-100 of the Income Tax Assessment Act 1997 the Commissioner may make determinations of the effective life of depreciating assets. The determinations will be used to update and expand the effective life schedule attached to Taxation Ruling TR 2020/3 Income tax: effective life of depreciating assets.

     

    The draft effective lives determinations will be referred to an independent review panel expected to be held in April 2021. The review panel checks the review process to confirm that the level of industry consultation was appropriate. If approved, the effective life determinations are expected to apply to assets purchased on or after 1 July 2021.

     

    See Effective life reviews in progress.

    Who we are consulting

    • Professional associations
    • Industry associations
    • Businesses
    • Suppliers
    • Manufacturers and repairers of assets used in these industries 
     

    Consultation lead

    John Di Francesco (Casino operations), Capital Allowances Team, Advice and Guidance, Public Groups and International
    john.difrancesco@ato.gov.au
    Phone (07) 3213 6059

     

    Kim Dziedzic (Medical and surgical equipment manufacturing), Capital Allowances Team, Advice and Guidance, Public Groups and International
    kim.dziedzic@ato.gov.au
    Phone (07) 3213 5764

     

    Andrey Chichkanov (Other non-metallic mineral mining), Capital Allowances Team, Advice and Guidance, Public Groups and International
    andrey.chichkanov@ato.gov.au
    Phone (07) 3149 5368

     

    Susan Li (Horse training – racing industry), Capital Allowances Team, Advice and Guidance, Public Groups and International
    susan.li@ato.gov.au
    Phone (07) 3119 9891

    [201931] Strengthening the ABN system

    Registered

    October 2019

    Expected completion of consultation

    June 2021

    Consultation status

    The ATO has engaged in joint consultation sessions with Treasury and will further engage with stakeholders to co-design administrative solutions for the two new conditions.

    Consultation purpose

    To work in partnership with key stakeholders to explore and co-design solutions for the administrative approach to strengthening the Australian business number (ABN) system to disrupt black economy behaviour.

    Description

    In the 2019–20 Federal Budget, the government announced that it will strengthen the ABN system to disrupt black economy behaviour by requiring ABN holders:

    • from 1 July 2021, with an income tax return obligation, to lodge their income tax return
    • from 1 July 2022, to confirm the accuracy of their details on the Australian Business Register annually.

     

    The new conditions will make ABN holders more accountable for meeting their government obligations, while minimising the regulatory impact on businesses doing the right thing.

    Who we are consulting

    Including but not limited to:

    • ABN holders
    • Intermediaries, including digital service providers and small businesses
    • Industry groups

     

    Consultation lead

    Nicola Black, Director, Commonwealth Business Registry Service
    nicola.black@ato.gov.au
    Phone (08) 7422 2620

     

    Simon Lovering, Commonwealth Business Registry Service
    simon.lovering@ato.gov.au
    Phone (08) 8208 3016

    [201927] Guidance on compensation payments made by financial institutions

    Registered

    October 2019

    Expected completion of consultation

    June 2021

    Consultation status

    Feedback received is under consideration.

     

    Consultation is on hold pending decisions on the scope and form of proposed public guidance.

    Consultation purpose

    To discuss scenarios where uncertainty of the GST and income tax consequences of compensation payments has been identified.

    Description

    There are multiple taxation consequences for the payment of compensation that arise from the behaviours identified in the Banking Royal Commission.

     

    We are currently considering developing high-level guidance for publication on ato.gov.au for payers of the compensation, which may include withholding and reporting obligations. This guidance will complement the guidance that has been published for Super funds and Individuals who are recipients of the remediation payments.

     

    See Advice under development – [3999] Compensation payments made by financial institutions.

    Who we are consulting

    Financial institutions

    Consultation lead

    Dean Lynch, Client Engagement Director, Public Groups and International
    dean.lynch2@ato.gov.au
    Phone (02) 9374 8567

      Last modified: 10 May 2021QC 54486