House of Representatives

Taxation Laws Amendment Bill (No. 5) 2003

Supplementary Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)
Amendments to be moved on behalf of the Government.

General outline and financial impact

Thin capitalisation

Amendments 1 to 5, 8 and 9 amend Schedules 1 and 2 to the bill to ensure that the amendments to Division 820 (thin capitalisation rules) of the ITAA 1997 have their intended effect. Amendments 6 and 7 address issues identified in the application of the thin capitalisation rules.

Date of effect: The amendments to Schedule 1 will apply from the start of a taxpayer's first income year commencing on or after 1 July 2001. Amendments to Schedule 2 will apply for income years commencing on or after 1 July 2002.

Proposal announced: Not previously announced.

Financial impact: Nil.

Compliance cost impact: The amendments will not affect compliance costs.

Reducing tax on the excessive component of eligible termination payments

Amendments 10 to 13 amend Schedule 6 to the bill to ensure that the measure to reduce the effective rate of tax on the excessive component of an ETP paid by a superannuation fund will apply to an excessive component of a death benefit paid to a dependant of a deceased fund member, as was intended.

Date of effect: These amendments will apply to ETPs made on or after 1 July 2002.

Proposal announced: Not previously announced.

Financial impact: Nil.

Compliance cost impact: The amendments will not affect compliance costs.

Tax losses - consequential amendments to the consolidation provisions

Amendments 14 and 15 amend Schedule 8 to the bill to ensure that allowing corporate tax entities to choose the amount of prior year losses to deduct in a later year of income does not have unintended consequences for the consolidation loss rules.

Date of effect: 1 July 2002.

Proposal announced: The measure to allow corporate tax entities to choose the amount of prior year losses to deduct in a later year of income was announced in the 2002-2003 Federal Budget on 14 May 2002.

Financial impact: These are consequential amendments to the consolidation provisions and are not expected to have a revenue impact.

Compliance cost impact: These amendments are not expected to impact on compliance costs.


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