[4056] Decline in value of a depreciating asset [new]
Purpose
This decision impact statement provides the ATO’s response to the Full Federal Court decision, which concerned whether the amount of the deduction available under section 40-25 of the Income Tax Assessment Act 1997 (ITAA 1997) for the decline in value of a depreciating asset was the cost of that asset by virtue of the operation of section 40-80 of that Act.
Outcome
The Decision impact statement on Commissioner of Taxation v Shell Energy Holdings Australia Limited [2022] FCAFC 2 published on 31 January 2023. Comments period closed on 3 March 2023.
[4092] Determining the proportion of unfermented materials that may be added to ‘beer’ and ‘cider’ [new]
Purpose
Interim web guidance for alcohol producers on how to comply with their obligations while we finalise Draft Determinations ED 2024/D2 and WETD 2024/D1.
Outcome
Draft beer and cider taxation determinations published on 2 July 2025.
[4111] Supplies of land with no improvements involving multiple titles
Purpose
The addendum to Goods and Services Tax Ruling GSTR 2006/6 Goods and services tax: improvements on the land for the purposes of Subdivision 38-N and Division 75 reflects the decision of the Full Federal Court in Commissioner of Taxation v Landcom [2022] FCAFC 204 – that where a single piece of land comprising separately titled lots is supplied, each lot is considered separately when applying the unimproved land provisions.
Outcome
The addendum to GSTR 2006/6 published on 19 March 2025.
[4162] Foreign superannuation fund and applicable fund earnings
Purpose
This Decision impact statement outlines the ATO's response to this case, which concerns when a taxpayer is able to make a choice to have applicable fund earnings with respect to a payment from a foreign superannuation fund assessed to an Australian complying superannuation fund rather than themselves.
Outcome
The Decision impact statement on Came v Federal Commissioner of Taxation [2023] AATA 3951, originally published on 4 December 2024, was updated on 13 March 2025 following the closure of the comments period.
[4166] Advice fees paid by superannuation funds
Purpose
This Guideline sets out a methodology that superannuation funds (other than self-managed superannuation funds (SMSFs)) can use to determine the extent to which payments of financial advice fees satisfy paragraph (d) of table item 5 of subsection 295-490(1) of the Income Tax Assessment Act 1997.
It also outlines our compliance approach in relation to a superannuation fund’s obligation to withhold from payments for personal financial advice fees in the income years prior to 1 July 2019, including SMSFs.
Comments
Practical Compliance Guideline PCG 2025/1 Fees for personal financial advice paid from member accounts by superannuation funds – apportioning the deduction and pay as you go withholding obligations published on 29 May 2025.
[4169] Part IVA held not to apply to a scheme involving use of intra-group debt to acquire an Australian subsidiary productive of tax benefits in Australia
Purpose
This decision impact statement outlines the ATO's response to this case. The court concluded that the general anti-avoidance provision in Part IVA of the Income Tax Assessment Act 1936 did not apply to a scheme under which the applicant claimed deductions in Australia for interest and carry forward losses incurred from intra-group debt taken on to acquire an Australian subsidiary as part of the acquisition of a pharmaceutical business.
Comments
The Decision impact statement on Mylan Australia Holding Pty Ltd v Commissioner of Taxation (No 2) published on 28 February 2025.
[4176] Disqualifying individuals from acting as trustee for superannuation entities
Purpose
This Decision impact statement outlines the ATO's views on the decision in this case, which set aside the Commissioner's decision to disqualify the applicant under subsection 126A of the Superannuation Industry (Supervision) Act 1993 from acting as a trustee or a responsible officer of a corporate trustee of superannuation entities.
Outcome
The Decision impact statement on Merchant and Commissioner of Taxation [2024] AATA 1102 published on 15 January 2025.
[4190] Affidavit of company director to revoke or reduce an estimate of liability to PAYG withholding
Purpose
This Decision impact statement outlines the ATO’s response to the decision of the Full Federal Court. The court considered whether a company director could file an affidavit under table item 2 of subsection 268-40(1) of Schedule 1 to the Taxation Administration Act 1953 to effect a revocation or reduction of an estimate. The affidavit was filed in a proceeding to recover from the director a director’s penalty in relation to that estimate. That estimate was made under Division 268 in respect of pay as you go withholding liability of the company.
Outcome
The Decision impact statement on Mandalinic v Stone (Liquidator) [2023] FCAFC 146 published on 19 February 2025.
[4201] Early stage innovation company schemes and Part IVA [new]
Purpose
This Determination provides the Commissioner’s view on whether Part IVA of the Income Tax Assessment Act 1936 applies to early stage innovation company (ESIC) schemes as described in Taxpayer Alert TA 2024/1 Early stage investor tax offset claimed using circular financing arrangements.
Outcome
Taxation Determination TD 2025/3 Income tax: application of Part IVA of the Income Tax Assessment Act 1936 to certain early stage innovation company investment arrangements published on 18 June 2025.
[4208] Luxury cars and trading stock
Purpose
This Decision impact statement outlines the ATO’s response to this case, which considered whether the use of luxury cars as trading stock and for public display in a museum was solely for a ‘quotable purpose’ under the A New Tax System (Luxury Car Tax) Act 1999.
Outcome
The Decision impact statement on Automotive Invest Pty Limited v Commissioner of Taxation [2024] HCA 36 published on 11 December 2024.