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  • Business

    [202304] Legacy payment system – cheques

    Registered

    January 2023

    Expected completion of consultation

    March 2023

    Consultation status

    Targeted consultation is underway.

    Consultation purpose

    To seek insights into ways the ATO can reduce the number of outbound cheques being issues to clients with agents.

    Description

    Traditionally, some government agencies have been significant users of cheque payments but this is changing. Federal Government agencies have been taking steps to reduce payments by cheque, e.g. The Department of Human Services stopped issuing cheques for welfare payments through Centrelink in January 2016 and for the Medicare rebate and Pharmaceutical Benefits Scheme refund payments in July 2016.

     

    Despite a whole-of-government focus to reduce issuing cheques, the number of cheques being issued to taxpayers has not decreased as expected.

     

    We are seeking insights from tax agents to understand:

    • their perspectives on why cheques being issued is increasing
    • how they manage the input and maintenance of financial institution account details for their clients within their practice
    • ways the ATO can work collaboratively with the community to reduce cheques.

     

    Who we are consulting

    Tax agents

    Consultation lead

    Tina Markov, Client Account Services
    tina.markov@ato.gov.au
    Phone 08 8208 1428

    [202230] Sharing Economy Reporting Regime

    Registered

    November 2022

    Expected completion of consultation

    July 2023

    Consultation status

    Consultation is underway.

    Consultation purpose

    To seek feedback regarding implementation of the new Sharing Economy Reporting Regime, including:

    • public advice and guidance
    • reporting requirements (data and lodgment).

     

    Description

    Schedule 2 of the Treasury Laws Amendment (2022 Measures No. 2) Act 2022External Link requires operators of electronic distribution platforms (EDPs) to report information to the ATO on transactions relating to supplies made through the platform. This measure implements a recommendation of the report of the Black Economy Taskforce.

     

    Under the measure, EDP operators will be required to report transactions that occur on or after:

    • 1 July 2023 if it relates to a supply of taxi services or short-term accommodation, and
    • 1 July 2024 for all other reportable transactions.

     

    Who we are consulting

    • Operators of EDPs
    • Tech Council of Australia
    • Tax professional associations

     

    Consultation lead

    Scott McWhirter, Small Business
    scott.mcwhirter@ato.gov.au
    Phone 02 6216 4211

    [202226] Improve small business tax performance

    Registered

    October 2022

    Expected completion of consultation

    June 2023

    Consultation status

    Consultation is underway.

    Consultation purpose

    To:

    • co-design a roadmap to digitalise the tax experience for small business in ways that improve small business tax performance and provide value back to small business
    • explore concepts to streamline the tax experience.

     

    Description

    Improve small business tax performance and participation by collaborating with partners to build a digital first tax ecosystem, enabling seamless tax reporting from business source systems, is one of the key focus areas in the ATO corporate plan 2022-23.

     

    The aim is to develop concepts that will:

    • improve small business tax performance
    • create productivity savings for small businesses
    • deliver economy wide value from increased permission-based standardised data sharing
    • increase participation in and integrity of the tax ecosystem.

     

    Who we are consulting

     

    Consultation lead

    Andrew Watson, Small Business
    andrew.watson@ato.gov.au
    Phone 08 8208 1826

    [202217] ABRS companies release

    Registered

    June 2022

    Expected completion of consultation

    June 2023

    Consultation status

    Consultation is on hold until the independent review of the Modernising Business Registers program, as announced by the governmentExternal Link, has been completed.

    Consultation purpose

    To co-design and user test the Australian Business Registry Services (ABRS) companies release.

    Description

    The companies release is part of the modernisation of business registers program, a component 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.

     

    The companies release will provide over 3 million companies with a more streamlined way to register, view and maintain company details using ABRS online.

     

    Consultation will be through a series of phases covering the ABRS website, company registrations, maintenance, and search.

    Who we are consulting

    • Community who may use ABRS
    • Directors and intending directors
    • Company officeholders
    • Company administrators and intermediaries
    • Tax practitioners
    • Business representatives
    • Government agencies

     

    Consultation lead

    Jonathan Solomon, MBR Program
    jonathan.solomon@ato.gov.au
    Phone 07 3213 3183

    [202209] Undisputed tax debt data reporting

    Registered

    March 2022

    Expected completion of consultation

    April 2023

    Consultation status

    Targeted consultation is underway.

    Consultation purpose

    To seek feedback on ATO reporting of undisputed tax debt data.

    Description

    The Inspector-General of Taxation and Taxation Ombudsman (IGOT) published the Investigation and Exploration of Undisputed Tax Debts in AustraliaExternal Link report on 30 June 2021.

     

    The ATO is engaging with external stakeholders in reference to IGOT proposed Recommendations 1, 2 and 3 of the report. These recommendations include exploring enhanced debt data reporting with key external stakeholders and identifying reporting frequency and method in which the data will be reported to the Parliament of Australia.

    Who we are consulting

    • Parliamentary Committees
    • State Government Revenue Offices

     

    Consultation lead

    Jasmine Bradshaw, Lodge and Pay
    jasmine.bradshaw@ato.gov.au
    Phone 07 3853 4101

    [202206] GST offsetting between unrelated entities

    Registered

    March 2022

    Expected completion of consultation

    March 2023

    Consultation status

    Consultation will commence shortly.

    Consultation purpose

    To seek feedback on paragraph 5 of the Law Administration Practice Statement PS LA 2011/21 Offsetting of refunds and credits against taxation and other debts to provide greater clarity to support ATO staff decision-making and to support taxpayers in self-assessing whether requesting such an offset is appropriate.

    Description

    Paragraph 5 of PS LA 2011/21 provides guidance to ATO staff where a taxpayer requests to have their refund or credit offset against the tax debt of another entity.

     

    The current guidance does not provide assistance in determining the circumstances in which the criteria would be satisfied for the Commissioner to agree to perform such an offset. For instance, in practice we think it would be rare that paying the refund in this manner would be an efficient, effective, economical and ethical use of public resources for which the Commissioner is responsible.

    Who we are consulting

    Tax advisory firms

    Consultation lead

    Renae Carter, Small Business
    renae.carter@ato.gov.au
    Phone 02 9374 2942

    [202205] Corporate Collective Investment Vehicle

    Registered

    March 2022

    Expected completion of consultation

    June 2023

    Consultation status

    Targeted consultation is underway.

    Consultation purpose

    To work with industry in identifying, prioritising, and addressing administrative and interpretative issues that require support to implement the new Corporate Collective Investment Vehicle (CCIV) measure.

    Description

    In the 2021–22 federal Budget, the Australian Government announced that it will progress the tax and regulatory framework for the CCIV with a commencement date of 1 July 2022.

     

    The new legislation aligns the tax framework for the CCIV regime with the tax regime for attribution managed investment trusts (AMITs). CCIVs will be required to meet similar eligibility criteria as managed investment trusts (MITs). This includes being widely held and engaging primarily in passive investment activities. CCIVs that are not eligible for AMIT tax treatment will be subject to the ordinary trust taxation rules in Division 6 or trading trust rules in Division 6C, as applicable, of the Income Tax Assessment Act 1936.

     

    As a CCIV is a new corporate entity, deemed to be a trust for tax purposes, there are a range of administrative considerations and tax interaction issues to resolve to ensure implementation by 1 July 2022; for example, registration, eligibility, distributions, reporting.

    Who we are consulting

    • Advisers with significant managed fund experience
    • Representatives from industry associations, including                                  
      • Financial Services Council
      • Property Council of Australia
      • Law Council of Australia
      • Australian Custodial Services Association
       

     

    Consultation lead

    Blake Sly, Public Groups and International
    blake.sly@ato.gov.au
    Phone 02 4923 1814

    [202203] Build-to-rent

    Registered

    February 2022

    Expected completion of consultation

    March 2023

    Consultation status

    Targeted consultation is underway.

    Consultation purpose

    To explore the emerging models of Build-to-rent developments in Australia to understand the opportunities to support the industry with their tax obligations.

    Description

    Build-to-rent is forecast to take off over the next 5 years.

     

    We are seeing growing interest from industry and government with incentives and concessions for Build-to-rent developments increasing.

    Who we are consulting

     

    Consultation lead

    Peter Chester, Private Wealth
    peter.chester@ato.gov.au
    Phone 07 3213 5957

      Last modified: 07 Feb 2023QC 54486