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  • Individuals

    [202133] Updates to Draft PCG Allocation of professional firm profits – ATO compliance approach

    Registered

    August 2021

    Expected completion of consultation

    September 2021

    Consultation status

    Targeted consultation is underway.

    Consultation purpose

    To test the practical application of the updates to the Draft Practical Compliance Guideline (PCG).

    Description

    We received several submissions during the extended public consultation on the Draft Practical Compliance Guideline PCG 2021/D2 Allocation of professional firm profits – ATO compliance approach, which ended on 16 April 2021. We considered the feedback and made a number of updates to the Draft PCG.

     

    During August, we consulted with representatives from the professional associations to test the practical application of the updates and discuss the most effective way to educate and communicate the application of the final PCG to the relevant professions. We agreed to further consultation in September.

    Who we are consulting

    • Representatives of tax professional associations
    • Impacted industry representatives

     

    Consultation lead

    Simon Webster, Private Wealth
    simon.webster2@ato.gov.au
    Phone (03) 9275 5328

    [202129] Working with vulnerable clients

    Registered

    July 2021

    Expected completion of consultation

    October 2021

    Consultation status

    Targeted consultation is being undertaken.

    Consultation purpose

    To understand approaches to working with vulnerable clients to identify opportunities to improve the client experience.

    Description

    Work is underway to explore the definition of and approach to vulnerability. Recent events such as the 2019–20 bushfires and the COVID-19 pandemic have drawn focus to the ATO’s need for an empathetic approach to clients experiencing vulnerability.

    Who we are consulting

    • Organisations that support or interact with vulnerable clients
    • Government agencies

     

    Consultation lead

    Rachel Macri, Enterprise Strategy and Design
    rachel.macri@ato.gov.au
    Phone (08) 8208 1993

    [202115] Proposed web guidance for supply of a burial right in a public cemetery

    Registered

    May 2021

    Expected completion of consultation

    October 2021

    Consultation status

    Feedback is being considered. Further consultation may be undertaken to seek clarification that any redrafted web guidance addresses uncertainties in the industry.

    Consultation purpose

    To seek feedback on proposed web guidance.

    Description

    The supply of a burial right in a public cemetery is GST free.

     

    Guidance will assist where GST may have been charged.

    Who we are consulting

    Local authority in each state and territory which is responsible for the administration of public cemeteries

    Consultation lead

    Melissa Harrison, Small Business
    melissa.harrison@ato.gov.au
    Phone (08) 8218 9296

    [202110] Deceased estates information

    Registered

    April 2021

    Expected completion of consultation

    April 2022

    Consultation status

    Targeted consultation is underway.

    Consultation purpose

    To:

    • prioritise issues requiring advice and guidance
    • identify opportunities to effectively deliver our advice and guidance
    • redesign and user test web guidance
    • understand challenges and consequences of taxing a deceased estate

     

    Description

    The Inspector-General of Taxation and Taxation Ombudsman published the Death and Taxes: An investigation into ATO systems and process for dealing with deceased estatesExternal Link report on 7 July 2020.

     

    The ATO is reviewing its existing advice and guidance on deceased estates related matters and will be engaging with stakeholders on proposed enhancements that seek to address Recommendations 1a, 1c, and 1d in the report. We are also exploring the challenges and consequences of taxing the deceased estate according to general taxation of trust principles for purposes of Recommendation 6 of the report. 

    Who we are consulting

     

    Consultation lead

    Lloyd Williams, Individuals and Intermediaries
    lloyd.williams@ato.gov.au
    Phone (02) 6216 1030

    [201937] Director identification number

    Registered

    November 2019

    Expected completion of consultation

    December 2024

    Consultation status

    Co-design activities, to understand the user experience, with impacted directors, company office holders (e.g. secretaries) and intermediaries are progressing throughout 2021 until 2024. Private beta testing of the director numbers regime with the community, started in May 2021.

    Consultation purpose

    To co-design and test the proposed solutions with users through a series of phases for the director identification number (director ID) regime.

    Description

    The modernisation of business registers, including the director ID measure, is part of the package of reforms to address illegal phoenixingExternal Link that was announced by government in September 2017 and received royal assent on 22 June 2020.

    Who we are consulting

    • Community
    • Professional associations
    • Industry representatives
    • Other ATO groups/forums
    • Directors and intending directors
    • Company officeholders
    • Company administrators and intermediaries
    • Tax practitioners
    • Businesses

     

    Consultation lead

    Tammy Gardner, Australian Business Registry Service
    tammy.gardner@ato.gov.au
    Phone (07) 3907 2487

    [201935] Reimbursement agreements – scope and ordinary family and commercial dealing exceptions

    Registered

    November 2019

    Expected completion of consultation

    September 2021

    Consultation status

    Consultation, which was placed on hold in response to the COVID-19 pandemic, recommenced in February 2021.

    Consultation purpose

    To obtain feedback on the proposed draft Taxation Ruling on section 100A of the Income Tax Assessment Act 1936 Reimbursement agreements – scope and ordinary family and commercial dealing exceptions, prior to publication for public consultation.

    Description

    The draft Taxation Ruling will set out the Commissioner’s preliminary views on the exclusions from a ‘reimbursement agreement’ for:

    • agreements not entered into with a purpose of eliminating or reducing someone’s income tax
    • agreements entered into in the course of ordinary family or commercial dealings.

    See Advice under development – [3942] Section 100A reimbursement agreements.

    Who we are consulting

     

    Consultation lead

    Justin Dearness, Assistant Commissioner, Tax Counsel Network
    justin.dearness@ato.gov.au
    Phone (07) 3213 5745

      Last modified: 23 Sep 2021QC 54486