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    Greenwoods & Freehills Weekly Tax Highlights - Week Ended 23.7.10

    ATO Documents

    Released 21.7.10

    Class Ruling

    CR 2010/28: Income tax: employment termination payment: WA Construction Industry Redundancy Fund
    CR 2010/29: Income tax: employment termination payment: WA Construction Industry Redundancy (No 2) Fund
    CR 2010/30: Income tax: Unilife Group restructure - employee share scheme - treatment of unlisted options
    Notices of Withdrawal
    Taxation Determinations

    TD 2004/14: Income tax: capital gains: does CGT event E2 in section 104-60 of the Income Tax Assessment Act 1997 happen if a CGT asset is transferred between two trusts and the beneficiaries and terms of both trusts are the same?
    TR 2006/4: Income tax: capital gains: meaning of the words 'the beneficiaries and terms of both trusts are the same' in paragraphs 104-55(5)(b) and 104-60(5)(b) of the Income Tax Assessment Act 1997

    Released 23.7.10

    Interpretative Decisions
    ATO ID 2010/139: Self managed superannuation funds: Subparagraph 17A(3)(b)(i) of the Superannuation Industry (Supervision) Act 1993 - tribunal appointed administrator of the plenary estate of a person with a mental disability. 
    Withdrawn Interpretative Decisions
    ATO ID 2001/11: Eligible Termination Payments (Out of Court Settlement Payment)
    Decision Impact Statement
    No 3772 of 2009: Deputy Commissioner of Taxation v Law Institute of Victoria 

    OECD Model Tax Convention 2010 updates

    On 22 July 2010, the OECD Council approved the 2010 versions of its Model Tax Convention, Transfer Pricing Guidelines (1995) and Report on the Attribution of Profits to Permanent Establishments (1998). The updates are the result of several years of work to improve these core OECD documents on international tax. The changes to the Model Tax Convention include a new Article 7 (Business Profits) and new text on granting treaty benefits with respect to the income of collective investment vehicles.

    Progress of legislation

    A Federal Election has been called for 21 August 2010. Those Bills which had not passed through both Houses of Parliament have now lapsed. The lapsed Bills are noted in the table below.

    As At 23.7.10

    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

     

     

     

    Lapsed

    Disclosure and Secrecy Provisions

    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

    28.6.10/75

    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

    17.6.10


    .

    28.6.10/74

    GST

    Tax Laws Amendment (Transfer of Provisions) Bill 2010

    EM

    17.2.10
     

    13.6.10

    15.6.10

    17.6.10


    .

    29.6.10/79

    Tax Law Rewrite

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

    EM

    13.5.10
     

    23.6.10

    23.6.10

    24.6.10


    .

    14.7.10/114

    Repeal of the FIF Provisions

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

    EM

    13.5.10
     

    1.6.10

    15.6.10

    17.6.10


    .

    29.6.10/78

    Medicare Levy and Medicare Levy Surcharge

    Tax Laws Amendment (Research and Development) 2010

    EM

    13.5.10
     

    17.6.10

    21.6.10

     


    .

    Lapsed

    Refundable R&D Tax Offsets

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

    EM

    26.5.10
     

    23.6.10

    23.6.10

    24.6.10


    .

    29.6.10/90

    Managed Investment Trust, Thin Cap, Super Co-contribution 

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

    EM

    26.5.10
     

    21.6.10

    22.6.10

    23.6.10


    .

    29.6.10/78

    GST

    Superannuation Industry (Supervision) Amendment Bill 2010

    EM

    26.5.10
     

    23.6.10

    24.6.10

    24.6.10


    .

    6.7.10/100

    Tax Laws Amendment (2010 Measures No. 4) Bill 2010

    EM

    25.5.10
     

     

     

     


    .

    Lapsed

    CGT, TOFA, Debt Equity, Foreign Currency Gains and Losses, GST, Managed Investment Trusts and DGR

    International Tax Agreements Amendment Bill (No. 2) 2010

    EM

    25.6.10
     

     

     

     


    .

    Lapsed

    Protocol to the Singapore Treaty

    Superannuation Legislation Amendment Bill 2010

    EM

    24.6.10
     

     

     

     


    .

    Lapsed

    Superannuation