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Weekly tax highlights

Greenwoods and Freehills Weekly Tax Highlights - Week Ended 13.2.09

ATO Documents

Released 11.2.09

Notices of Withdrawal
Taxation Ruling

TR 2007/8: Income tax: registered agricultural managed investment schemes
Draft Goods and Services Tax Ruling
GSTR 2008/D1: Goods and services tax: registered agricultural managed investment schemes
Addendum
Product Ruling

PR 2007/71: The Product Rulings System


Released 13.2.09

Interpretative Decision
ATO ID 2009/9: Deductibility of expenses: property buyers agent's fee 

Withdrawn Interpretative Decision
ATO ID 2006/242: Canadian Convention: alienation of property - surrender of life interest in deceased estate

Stimulus Bills Reintroduced

Introduced 12.2.09

The Government has last night reintroduced a revised package of  Bills to implement the Government's proposed stimulus package. The reintroduction follows the rejection of the Bills in the Senate. The Bills will take account of the reduction in the tax bonus and single income family bonus payments from $950 to $900. The legislative table below has been updated to provide links to the new Bills and explanatory memoranda. The Bills are Household Stimulus Package Bill (No 2) 2009; Tax Bonus for Working Australians Bill (No 2) 2009 and Tax Bonus for Working Australians (Consequential Amendments) Bill (No 2) 2009.
  

Tax Laws Amendment (2009 Measures No 1) Bill 2009

Introduced 12.2.09

Tax Laws Amendment (2009 Measures No 1) Bill 2009 and associated explanatory memorandum has been introduced into the House of Representatives. The Bill contains various measures. These include a 20% reduction of the amount of the PAYG instalment for the quarter that includes 31 December 2008 for certain small business taxpayers, temporary residents' unclaimed superannuation and income test reform for various government initiatives.

Draft Tax Agent Transitional and Consequential Amendments Bill

Released 12.2.09

Treasury has released the Exposure Draft Tax Agent Services (Transitional Provisions and Consequential Amendments) Bill 2009 and the Exposure Draft Explanatory Memorandum. This Bill is intended to facilitate the smooth transitioning of tax agents into the new regulatory regime. In related news the Tax Agent Bill has now entered the Senate. 

Tax Cases

Woodside Energy Ltd v FCT [2009] FCAFC 12, 12 February 2009: The Full Federal Court has upheld the decision at first instance. The Court found that hedging losses incurred by Woodside Energy Ltd could not be taken into account to reduce its "taxable profit" for the purpose of determining its liability to Petroleum Resource Rent. The court determined that hedging losses could not be regarded as expenses under the  Petroleum Resource Rent Tax Assessment Act 1987.

Progress of Legislation

As at 13.2.09

Bill
  

 

Explanatory Memorandum  

 

Intro House

Passed House

Intro Senate

Passed Senate

Date of Royal assent / Act Number

 Description

Tax Laws Amendment (Political Contributions and Gifts) Bill

EM
  

 

27.8.08

13.10.08
 

14.10.08

 

3.2.09


.

 

Removes Tax Deductibility of Political Donations, GST

International Tax Agreements Amendment Bill (No 2) 2008

EM
  

 

17.9.08

24.9.08
 

25.9.08

 

16.10.08


.

31.10.08/111

Introduces a Protocol with South Africa

Tax Laws Amendment (2008 Measures No 5) Bill 2008

EM 

 

25.9.08

24.11.08
 

25.11.08

 

1.12.08


.

9.12.08/145

GST, Thin Cap, Division 6C, Definition of "Otherwise Deductible, Exemption of Interest Withholding,

Tax Laws Amendment (Education Refund) Bill 2008

EM  

 

25.9.08

11.11.08

25.11.08

 

1.12.08


.

9.12.08/141

Tax Offsets for Education Expenses

Temporary Residents' Superannuation Legislation Amendment Bill 2008,

EM   

 

25.9.08

22.10.08
 

10.11.08

 

4.12.08


.

 

Payment of Superannuation on Behalf of Temporary Visa Holders

Superannuation (Departing Australia Superannuation Payments Tax) Amendment Bill 2008

EM  
  

 

25.9.08

22.10.08
 

10.11.08

 

4.12.08


.

 

Payment of Superannuation on Behalf of Temporary Visa Holders

Tax Laws Amendment (Medicare Levy Surcharge Thresholds) Bill (No 2) 2008

EM
  

 

25.9.08

13.10.08
 

14.10.08

 

16.10.08


.

31.10.08/110

Tax Agent Services Bill 2008

EM
  

 

13.11.08


 

 

 

 


.

 

Introduces a new legislative regime for Tax Agents

Tax Laws Amendment (Taxation of Fianancial Arrangements) Bill 2008

EM   

 

4.12.08


 

 

 

 


.

 

Division 230. Stages 3 and 4 of TOFA, these being hedging and non-hedging rules

Tax Laws Amendment (2008 Measures No. 6) Bill 2008

EM
  

 

3.12.08

5.2.09
 

5.2.09

 

 


.

 

Scrip for Scrip, International Tax collection, Superannuation Offsets

Tax Bonus for Working Australians Bill (No.2) 2009

EM
 

13.2.09

13.2.09
 

12.2.09

 

12.2.09


.

 

Tax Bonus for Working Australians

Tax Bonus for Working Australians (Consequential Amendments) (No.2)Bill 2009 

EM
  

 

13.2.09

13.2.09

12.2.09

 

12.2.09


.

 

Tax Bonus for Working Australians

Household Stimulus Package Bill (No.2) 2009

EM    

 

13.2.09

13.2.09

12.2.09

 

12.2.09


.

 

Various Bonuses for Household Situations 

Tax Laws Amendment (2009 Measures No 1) Bill 2009

EM

 

12.2.09

 

 

 

 


.

 

PAYG Instalments, Temporary Resident's Superannuation, Income Test.