2025 Completed matters

To better understand how tax agents use communication preferences and how the ATO could increase the use of digital preferencing for client mail interactions.

In the Tax Agent Portal, communication preferences allow tax and BAS agents to set how they and their clients receive communications from the ATO. Currently agents can set their clients’ communication preferences to have:

• all communications sent to the client
• all communications sent the registered agent
• some communications sent to the client and other communications sent to the registered agent.

We will consult with tax agents to understand how they currently use communication preferences and what support the ATO could provide to increase the use of digital preferencing for client mail interactions.

• Tax agents

Feedback confirmed the need to:

• review and update the ‘in Online services for agent’ help screens with a link to information on how to use communication preferences
• provide further education, via general tax agent communication articles, on how to use communication preferencing, the associated benefits, and the 2-step process to update and apply communication preferences.

Aleksandra Frendo, Frontline Business Improvement
ServiceImprovementTeam@ato.gov.au

To seek feedback on public advice and guidance priorities for Australia’s new build to rent (BTR) development tax incentives.

The Treasury Laws Amendment (Responsible Buy Now Pay Later and Other Measures) Act 2024 and Capital Works (Build To Rent Misuse Tax) Act 2024 received Royal Assent on 10 December 2024. A legislative instrument covering initial standards for the BTR measure was made on 18 December 2024 and further legislative instruments will be made in 2025. The measure commenced from 1 January 2025.

There are some aspects of the law that may not be clear and may require administrative or interpretive guidance for those adopting the BTR laws. The ATO is aware of certain areas where stakeholders may require interpretive assistance. We are consulting to understand what guidance stakeholders require to correctly apply the laws, so we can support their participation and compliance.

We anticipate public advice and guidance will reduce the number of enquiries raised with the ATO on the BTR measure. These enquiries could range from general administrative enquiries through to private binding rulings.

• Professional associations
• Industry representatives

Feedback received has been triaged into 3 groups for further work and proposed treatments.

• Collate policy issue for escalation.
• Additional PAG under consideration.
• Updates to web guidance.

If required we will re-engage with the consultation group following a period of time, allowing industry consideration of the amended determination and the further development and prioritisation of PAG within the ATO.

Blake Sly, Public Groups
Blake.Sly@ato.gov.au

To seek feedback on whether public advice and guidance is needed for new law concerning legacy retirement product commutations and reserve allocations.

On 7 December 2024 law came into effect that allows individuals to exit legacy retirement products and changes the treatment of allocations from reserves for contribution cap purposes.

Individuals have a 5-year period to fully commute defined benefit legacy pensions that were previously non-commutable. Certain reserve allocations count toward the non-concessional cap instead of the concessional cap.

• Superannuation industry representatives
• Professional associations

The consultation indicated a preference for ATO web content to be produced to support the measure and confirmed that formal public advice and guidance is not required.

Two main categories of content were identified, and will be addressed to provide guidance on the changes allowing:

• individuals to exit a specified range of legacy retirement products for up to 5 years
• more flexible pathways to make allocations from a reserve.

It was highlighted that Self-Managed Superannuation Fund Regulator’s Bulletin 2018/1 The use of reserves by self-managed superannuation funds may be impacted by the changes and need updating in due course.

Melissa Gardiner, Superannuation and Employer Obligations
Melissa.Gardiner@ato.gov.au

To understand the current and future digital service requirements of the tax profession to enable the ATO to identify opportunities to improve their digital service experience.

This consultation will build upon the insights gathered from our biennial tax professionals digital experience survey and analysis. The survey is used to gather feedback from tax professionals about their experiences with digital services and is part of our evidence-based approach to improving digital experiences for tax professionals. We are consulting to gain deeper insights into this research, which will guide further improvements to ATO digital services for tax professionals in the future.

• Tax and BAS agents

Feedback will be shared with key stakeholders to help shape and influence ATO digital strategies and improve future digital services experiences for tax professionals.

Mallory Wuthrich, Individuals and Intermediaries
Mallory.Wuthrich@ato.gov.au