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ATO consultation report

Monthly report on ATO consultation.

Last updated 7 July 2024

This report describes ATO consultation activities in June 2024.

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

It contains:

Consultation matters

Statistics

Consultation matters received

3

Consultation matters completed

7

Matters under consultation

17

Advice and guidance products released for comment

2

Legislative instruments released for comment

1

Consultation matters received

[202415] GST product classification - self-review guide and checklist

[202414] Tax consequences on sales of small-scale land subdivisions

[202413] Additional tier 1 capital note issuances

Consultation matters completed

[202412] Supplementary annual GST returns for Top 100 and Top 1,000 public and multinational business taxpayers

[202407] Delivering Better Financial Outcomes (Quality of Advice) – Recommendation 7

[202406] Administration of deceased estates

[202330] Better Targeted Superannuation Concessions

[202329] Capital raised for the purpose of funding franked distributions

[202328] Mapping the veteran experience

[202307] Implementation of global minimum tax and domestic minimum tax

Advice and guidance products released for comment

Draft Excise Determination ED 2024/D1 Alcohol excise: the addition of water to beer

Draft Wine Equalisation Tax Determination WETD 2024/D1 Wine equalisation tax: the addition of water to cider or perry

See open consultation for products open for comment.

Legislative instruments released for comment

Draft Taxation Ruling TR 2023/4DC1 Income tax and superannuation guarantee: who is an employee?

See open consultation for products open for comment.

News

Stewardship groups

The Large Business Stewardship Group met and the topics discussed included:

  • advance pricing arrangement program review
  • Top 100 program
  • Top 1,000 combined assurance program and the rollout of a differentiated approach
  • large business service offerings and certificates of residency
  • consultation on public advice and guidance for the amendments to the thin capitalisation rules
  • welcome to the Board of Taxation’s Secretary and Tax Counsel
  • completion of the ATO integrity declaration
  • upcoming membership refresh.

The National Tax Liaison Group met and the topics discussed included:

  • the ATO compliance framework, specifically the fifth pillar of compliance and three-tier tolerance model
  • data and ethics principles that guide the ATO’s data acquisition, management and use
  • the ATO Counter Fraud Strategy
  • current reporting regimes and data matching and how these could be improved in the future.

The Private Groups Stewardship Group met and the topics discussed included:

  • the Budget 2024–25 and its relevance to the private wealth market
  • recent litigation
    • Merchant v Commissioner of Taxation [2024] FCA 498
    • BQKD (trustee for the SFT Trust) v Commissioner of Taxation
    • Mylan Australia Holding Pty Ltd v Federal Commissioner of Taxation [2024] FCA 253
    • Ierna & Ors v Federal Commissioner of Taxation [2024] FCA 592
  • privately owned and wealthy groups, client experience view of risk and key focus areas for 2024–25
  • Top 500 and Next 5,000 program updates
  • tax consequences on sales of small-scale land subdivisions web guidance
  • consultation on proposed public advice and guidance
    • the operation of section 109U of the Income Tax Assessment Act 1936
    • the integrity measure preventing certain distributions funded by capital raising from being frankable
    • interest limitation (thin capitalisation) and debt deduction creation rules to support the application to private groups.

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

  • regulator updates, including key initiatives arising from the Budget 2024–25
  • fraud and security in the superannuation operating environment
  • the creation of a new working group, the ATO Superannuation Public Advice Feedback Forum
  • compassionate release of superannuation.

Special purpose working group

The Residential Rental Properties Working Group met and the topics discussed included:

  • Tax Time 2024 products
  • ATO advice and guidance needs, including
    • tools to support conversations with investors about rental investments
    • additional case studies and examples for repairs versus capital expenditure
  • opportunities to keep up to date with modern property investing arrangements.

Stakeholder relationship group

The BAS Agent Association Group met and the topics discussed included:

  • Tax Time 2024 readiness and complaints
  • Tax Practitioners Board law reform update
  • the new not-for-profits self-assessment reporting requirements and supporting guidance
  • tax profession digital services experience
  • client-to-agent linking
  • lodgment and payment
  • digital service delivery and expected changes for Tax Time 2024.

 

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