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    Greenwoods & Freehills Weekly Tax Highlights - Week Ended 18.6.10

    ATO documents

    Released 16.6.10

    Class Rulings
    CR 2010/20: Income tax: scrip for scrip: merger of MyState Financial Credit Union of Tasmania Limited and Tasmanian Perpetual Trustees Limited (MyState Financial Credit Union of Tasmania shareholders)
    CR 2010/21: Income tax: scrip for scrip: merger of MyState Financial Credit Union of Tasmania Limited and Tasmanian Perpetual Trustees Limited (Tasmanian Perpetual Trustees shareholders)
    CR 2010/22: Income tax: scrip for scrip roll-over: acquisition of units in Mirvac Real Estate Investment Trust by Mirvac Property Trust
    Product Ruling
    PR 2010/15: Income tax: Australia Wide Timbers Project
    Addendum
    TD 96/45: Income tax: where a wholesaler's account for trading stock provides a retailer with a prompt payment discount which can be accumulated in an account, applied to the acquisition of new shares or transferred to an affiliated person or persons or company: can the retailer claim a deduction for the full purchase price; and is the discount assessable? 

    Released 17.6.10

    Lodgment of returns and statements

    OPS 2010/2: Lodgment of statements by first home saver account providers for the year ended 30 June 2010 in accordance with the Taxation Administration Act 1953
    TPAL 2010/1: Lodgment of returns for the year of income ended 30 June 2009 in accordance with the Income Tax Assessment Act 1936, the Income Tax Assessment Act 1997, the Taxation Administration Act 1953, the Superannuation Industry (Supervision) Act 1993 and the Income Tax (Transitional Provisions) Act 1997
    TPAL 2010/2: Lodgment of income tax returns for the year of income ended 30 June 2010 in accordance with the Income Tax Assessment Act 1936 and the Taxation Administration Act 1953 - Child Support Agency - parents with a child support assessment

    Decision Impact Statement
    2007/5020: Addoug v Commissioner of Taxation
     
    Released 18.6.10


    Interpretative Decisions
    ATO ID 2010/129: GST and agriculture: managed investment scheme - supply of an interest in the managed investment scheme
    ATO ID 2010/130: Excise: iced alcoholic beverage (slushie)
    ATO ID 2010/131: Legal Expenses: payment in lieu of notice under an employment contract
    Withdrawn Interpretative Decisions
    ATO ID 2002/656: Legal Expenses - entitlements under an employment contract
    ATO ID 2002/754: Deduction - Legal Expenses for spousal maintenance
    ATO ID 2003/832: Retirement income entities - trustee has enduring power of attorney in respect of member
    ATO ID 2006/318: Capital gains tax: CGT event E2 - settlor excluded from taking benefit
    ATO ID 2008/141: Division 719: MEC Groups - Special Conversion Event

    Extending CGT exemption for certain compulsory acquisitions: exposure draft 

    Released 15.6.10

    Under the existing main residence exemption in Subdivision 118-B of the 1997 Act a taxpayer is exempt from CGT on any gain realised upon a compulsory acquisition of their main residence. The Government proposes that similar relief from CGT be available where any land or structures adjacent to a taxpayer’s main residence are compulsorily acquired, even if the dwelling itself is not. The proposed measures are contained in an exposure draft (and explanatory material) of Tax Laws Amendment (2010 Measures No. 5) Bill 2010.
     

    Review of Elections in the Income Tax Law: consultation paper

    Released 16.6.10

    Treasury has released a consultation paper entitled: Review of Elections in the Income Tax Law, addressing the advantages and disadvantages of election provisions in the tax law and proposing a set of guidelines to improve the drafting of these provisions in the future

    Progress of legislation

    As At 18.6.10

    Tax Laws Amendment (2010 Measures No. 2) Bill 2010 and Tax Laws Amendment (Transfer of Provisions) Bill 2010 have now passed through the Senate and await Royal Assent.  

    Bill
      

     

    Explanatory Memorandum  

     

    Intro House

    Passed House

    Intro Senate

    Passed Senate

    Date of Royal assent / Act Number

     Description

    Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009

    EM

    19.11.09

     

     

     

     

    Disclosure and Secrecy Provisions

    Tax Laws Amendment (Medicare Levy and Medicare Levy Surcharge) Bill 2009

    EM 

    28.5.09

     4.6.09

     15.6.09

     

    15.6.09 


    .

    23.6.09/41

    Medicare Levy and Medicare Levy Surcharge

    Tax Laws Amendment (2009 GST Administration Measures) Bill 2009

    EM
     

    25.11.09

    10.2.10

     

     22.2.10

     

    11.3.10


    .

    24.3.10/20

    GST

    Tax Laws Amendment (Political Contributions and Gifts) Bill

    EM
      

     

    27.8.08

    13.10.08
     

    14.10.08

     

    25.210


    .

     

    Removes Tax Deductibility of Political Donations, GST

    Tax Laws Amendment (2009 Measures No 5) Bill 2009 

    EM

     

    16.9.09

    29.10.09

    16.11.09

     

    26.11.09


    .

    4.12.09/118

    GST, PAYG Instalments, Bushfire Appeal

    Tax Laws Amendment (2009 Measures No. 6) Bill 2009

    EM
     

    25.11.09

    10.2.10

    22.10.10

     

    11.3.10


    .

    24.3.10/19

    CGT Cloning Exemption, Super Fund Mergers, DGR, Flood Victim Payments, Spirits Excise Rates

    Tax Laws Amendment (2010 Measures No. 1) Bill 2010

    EM 
     

    10.2.10

    10.3.10

    11.3.10

     

    12.5.10


    .

    3.6.10/56

    Consolidation, Superannuation Clearing House, Managed Investment Trust, Forestry Managed Investment Schemes, Entrepreneurs Tax Offset. 

    Tax Laws Amendment (2010 GST Administration Measures No. 1) Bill 2010

    EM
     

    10.2.10

    10.3.10

    10.3.10

     

    11.3.10


    .

    24.3.10/21

    GST

    Tax Laws Amendment (2010 Measures No. 2) Bill 2010

    EM 

    17.2.10

    13.5.10

    13.5.10

     

    17.6.10

     

    Division 7A, TFN, Carbon Technology exemptions, DGR

    Tax Laws Amendment (2010 GST Administration Measures No. 2) Bill 2010

    EM

    18.2.10
     

    13.5.10

    13.5.10

     


    .

     

    GST

    Tax Laws Amendment (Transfer of Provisions) Bill 2010

    EM

    17.2.10
     

    13.6.10

    15.6.10

    17.6.10


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    Tax Law Rewrite

    Tax Laws Amendment (Foreign Source Income Deferral) Bill (No. 1) 2010

    EM

    13.5.10
     

     

     

     


    .

     

    Repeal of the FIF Provisions

    Tax Laws Amendment (Medicare Levy and Medicare Levy Surcharge) 2010

    EM

    13.5.10
     

     

     

     


    .

     

    Medicare Levy and Medicare Levy Surcharge

    Tax Laws Amendment (Research and Development) 2010

    EM

    13.5.10
     

     

     

     


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    Refundable R&D Tax Offsets

    Tax Laws Amendment (2010 Measures No. 3) Bill 2010

    EM

    26.5.10
     

     

     

     


    .

     

    Managed Investment Trust, Thin Cap, Super Co-contribution 

    Tax Laws Amendment (2010 GST Administration Measures No. 3) Bill 2010

    EM

    26.5.10
     

     

     

     


    .

     

    GST

    Superannuation Industry (Supervision) Amendment Bill 2010

    EM

    26.5.10
     

     

     

     


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