Practical Compliance Guideline
Propagation arrangements adopted by registrable superannuation entities
|Table of Contents||Paragraph|
|What this draft Guideline is about|
|Date of effect|
|What does this draft Guideline apply to|
|What is propagtion|
|Our compliance approach|
|Where propagation is appropriate|
|When propagation isn't appropriate|
|When propagation may attract the application of the general anti-avoidance provisions|
Relying on this draft Guideline
This Practical Compliance Guideline is a draft for consultation purposes only. When the final Guideline issues, it will have the following preamble:
This Practical Compliance Guideline sets out a practical administration approach to assist taxpayers in complying with relevant tax laws. Provided you follow this guideline in good faith, the Commissioner will administer the law in accordance with this approach.
What this draft Guideline is about
Date of effect
Who does this draft Guideline apply to
5. The Commissioner's view on asset identification principles and record keeping methodologies are contained in CGT Determination TD 33 Capital Gains: How do you identify individual shares within a holding of identical shares?, Taxation Ruling TR 96/4 Income tax: valuing shares acquired as revenue assets and Taxation Ruling TR 96/7 Income tax: record keeping - section 262A - general principles.
- shares are identifiable where they are individually distinguishable, for example, by reference to share numbers or distinctive rights or obligations attached to them
- it may not always be possible to identify the particular shares disposed of where they form part of a holding of identical shares, and
- for unidentifiable shares within an identical holding, the Commissioner accepts 'first-in first-out' as a reasonable basis of share identification.
- appropriate accounting records of the acquisition and disposal of shares will be considered sufficient to specifically identify shares to determine their value for taxation purposes, and
- no appropriate records are maintained, the taxpayer can't specifically identify these shares to a particular sale for taxation purposes.
What is propagation?
9. Propagation is a term adopted by custodians to describe a tax parcel selection process. Under propagation, the tax parcel selection methodology agreed with the RSE is applied across the RSE's asset class level holdings instead of being confined to the individual fund manager level.
Our compliance approach
11. This section explains the Commissioner's compliance approach to propagation arrangements satisfying the asset identification principles and record keeping methodologies described in TD 33, TR 96/4 and TR 96/7.
Where propagation is appropriate
- the custodian is the legal owner of all relevant assets of the RSE
- all assets subject to the propagation arrangement are held for the purposes of the relevant RSE
- the relevant assets are fungible, that is they are identical in all respects
- asset identification and selection are contemporaneous with the actual disposal transaction
- where the RSE uses either:
- a single pool of assets to support member interests, or
- multiple pools of assets to support specific member interests and any propagated portfolios are confined within each specific pool.
- where applicable, propagation only occurs within a sub-fund of an RSE, and
- assets identified for disposal under a propagation arrangement are also reflected as the assets disposed for non-tax regulatory or accounting purposes.
Where propagation isn't appropriate
- an RSE has segregated assets to support specific member interests in any way, including assets specifically identified under a member directed investment option, or assets segregated for members in retirement phase and propagation occurs across both segregated and unsegregated pools
- an RSE includes a sub-fund that is to be treated as a separate RSE and propagation occurs across the assets of both RSEs, and
- propagation occurs across assets held by separate sub-custodians and each sub-custodian holds legal title to that portion of the portfolio.
When propagation may attract the application of the general anti-avoidance provisions
17. A propagation arrangement adopted by an RSE may attract the application of the general anti-avoidance provisions, for example where it is part of a scheme that exhibits the following type of features:
- an RSE is unsegregated for tax purposes, using the proportionate method for determining its exempt income under section 295-390 of the Income Tax Assessment Act 1997 (ITAA 1997)
- it uses propagation to form a segregated current pension asset pool in accordance with section 295-385 of the ITAA 1997 containing an unbalanced allocation of assets with large unrealised gains
- these assets are realised, resulting in gains that are exempt from income tax, and
- once the assets are realised, the RSE ceases to maintain a segregated current pension asset pool resulting in the unwinding of the arrangement and returning the RSE to its original unsegregated status for tax purposes.
18. In these circumstances, it may be appropriate for the Commissioner to infer that the scheme was entered into, and carried out, to enable an RSE to make a choice to segregate and then unwind the segregation of its current pension asset pool, resulting in the obtaining of a tax benefit in the form of omitted assessable income.
Commissioner of Taxation
21 August 2017
|Due date:||2 October 2017|
|Contact officer:||Ricardo Coburn|
|Telephone:||(03) 9275 2040|
Australian Taxation Office
PO Box 9977
Melbourne VIC 3001
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