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Matters currently under consultation for Intermediaries.

Last updated 2 October 2026

[202609] 2026-27 Budget Measures - Public advice and guidance

Registered

September 2026

Expected completion of consultation

March 2027

Consultation status

Targeted consultation is underway.

Consultation purpose

To obtain feedback to support development and publication of timely public advice and guidance (PAG) in response to specific 2026-27 Budget Measures.

Description

Consultation is being undertaken with industry in response to the 2026-27 Budget Measures on the development of public and guidance products (PAG) for:

  • Negative gearing and capital gains tax changes
  • Minimum Tax on Discretionary Trusts (MTDT)

We will utilise these targeted consultations to:

  • understand implementation issues (including transitional aspects) to help identify and prioritise potential PAG topics, priority and form
  • provide feedback on proposed PAG content.

Consultation will be the ‘single point of contact’ for these topics prior to release of Draft PAG for public comment.

Who we are consulting

  • Professional associations
  • Industry representatives
  • Stewardship groups
  • Other ATO groups/forums

Consultation lead

Harjit Singh Office of the Chief Tax Counsel
Harjit.Singh@ato.gov.au

[202608] Public advice and guidance on taxpayer use of artificial intelligence in tax affairs

Registered

September 2026

Expected completion of consultation

October 2026

Consultation status

Targeted consultation is underway.

Consultation purpose

To seek feedback on the proposed updates to Miscellaneous Taxation Rulings MT 2008/1 and MT 2008/2, along with the fact sheet regarding taxpayer use of artificial intelligence (AI) in managing their tax affairs, to ensure the guidance provides clear practical assistance to taxpayers.

Description

We are developing public advice and guidance on the use of AI by taxpayers in managing their tax affairs.

The guidance will explain how existing tax obligations apply when taxpayers use AI. It is intended to address matters including:

  • what constitutes taking reasonable care
  • the concept of a reasonably arguable position
  • record keeping
  • substantiation and accountability in the age of AI.

It will not create new AI-specific tax obligations.

The work responds to the increasing use of AI by taxpayers in their interactions with the ATO, and the absence of specific public guidance for taxpayers.

In developing the guidance, we have considered relevant frameworks issued by courts and the administrative review tribunal, as well as guidance published by other tax administrators.

We are seeking feedback from relevant stakeholder groups, including Stewardship Groups, to help refine the scope and ensure the proposed guidance is practical and appropriate.

Who we are consulting

  • Stewardship Groups
  • Tax professionals and associations
  • Individuals
  • Small business
  • Other ATO groups/forums

Consultation lead

Na Choo, Office of the Chief Tax Counsel
Na.Choo@ato.gov.au

[202511] Review of the tax treatment of digital assets and transactions in Australia

Registered

June 2025

Expected completion of consultation

December 2026

Consultation status

Targeted and phased consultation has commenced.

Consultation purpose

To seek comment and feedback on proposed public advice and guidance, such as draft taxation determinations, on crypto issues raised in the Board of Taxation’s report, to provide more detailed guidance to taxpayers.

Description

The Board of Taxation's report on its review of the tax treatment of digital assets and transactions in AustraliaExternal Link recommended the ATO establish regular consultation on crypto issues raised in its report. The Crypto Industry Working Group will consult with crypto industry representatives and academic experts, taxation law and accounting representative bodies and relevant government agencies on proposed public advice and guidance and other related tax products to ensure they meet the needs of taxpayers and stakeholders.

Who we are consulting

  • Taxation law and accounting representative bodies
  • Crypto industry representatives
  • Crypto academic experts
  • Relevant government agencies

Consultation lead

Timothy Beale, Office of the Chief Tax Counsel
Timothy.Beale@ato.gov.au

QC54486