Draft Taxation Determination TD 2002/D15W – Withdrawal Income tax: what is the method for calculating the capital value of a superannuation pension for reasonable benefit limit purposes under section 140ZO of the Income Tax Assessment Act 1936 (ITAA 1936) that is taken to have commenced when a superannuation pension is split pursuant to an agreement or court order on marriage breakdown?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D9 Income tax: can a private company be taken to have paid a dividend under either section 109C or section 109D of the Income Tax Assessment Act 1936 (‘the Act’) in respect of a payment or loan taken to have been made to a target entity by way of section 109T of the Act where the private company is taken to have made a loan to the interposed entity by way of section 109UB of the Act?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D5 Income tax: is a taxpayer entitled to an income tax deduction for any part of the marketing fee paid in respect of the Internet marketing expenses scheme described in Taxpayer Alert 2002/1?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D4 Income tax: what activities are ‘seasonally dependent agronomic activities’ for the purposes of section 82KZMG of the Income Tax Assessment Act 1936 ?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D6 Income tax: when can a foreign bank elect not to apply Part IIIB of the Income Tax Assessment Act 1936 (ITAA 1936) in calculating the taxable income attributable to the activities of its Australian branch?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D13 Income tax: capital gains: scrip for scrip roll-over: can the exchange of an interest (not being a unit) in a trust for a unit in a unit trust satisfy the requirements in subparagraph 124-781(1)(a)(i) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D15 Income tax: does a ‘permitted purpose’ under subsection 160APAAAA(2) of the Income Tax Assessment Act 1936 include the acquisition of equity in a foreign entity (including a subsidiary) by an Australian authorised deposit-taking institution (ADI) through a permanent establishment out of funds raised by the permanent establishment from the issue of non-share equity interests that meet the conditions of subsection 160APAAAA(1)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D4 Income tax: what are the obligations under the Income Tax Assessment Act 1936 where a business chooses to keep some of its records as encrypted information?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D5 Income tax: capital gains: does CGT event C2 happen as a result of the satisfaction of an investor’s rights under a Deferred Purchase Agreement warrant, an investment product offered by financial institutions, by the delivery of the Delivery Assets?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 93/D164 Income tax: employment agreement: are costs incurred in settling disputes arising out of employment agreements deductible under subsection 51(1) of the Income Tax Assessment Act 1936 (ITAA) to the employer and to the employee?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 93/D223 Income tax: does Division 3B of Part III of the Income Tax Assessment Act 1936 (Division 3B) apply to ordinary shares denominated in foreign currency?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 93/D40 Income tax: are expenses incurred by a taxpayer in obtaining valuations for works of art donated under the Taxation Incentives for the Arts Scheme allowable deductions?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 93/D3 Income tax: capital gains: does section 160X of the Income Tax Assessment Act 1936 apply to assets acquired by a legal personal representative which were not owned by the deceased at the date of death?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D14 Fringe benefits tax: is the provision of Bitcoin by an employer to an employee in respect of their employment a property fringe benefit for the purposes of subsection 136(1) of the Fringe Benefits Tax Assessment Act 1986?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D13W – Withdrawal Income tax: what is the method for reducing the capital value of a superannuation pension that has commenced to be paid for reasonable benefit limit purposes under subsection 140ZP(3) of the Income Tax Assessment Act 1936 (ITAA 1936) if the superannuation pension is split pursuant to an agreement or court order on marriage breakdown?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D15 Income tax: what is the method of calculating the capital value of a superannuation pension for reasonable benefit limit purposes under section 140ZO of the Income Tax Assessment Act 1936 (ITAA 1936) that is taken to have commenced when a superannuation pension is split pursuant to an agreement or court order on marriage breakdown?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D12 Income tax: is expenditure incurred by a head company in obtaining valuations in respect of the formation of a consolidated group or entities joining a consolidated group an allowable deduction?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D11 Income tax: capital gains: in the first element of the cost base of a CGT asset in subsection 110-25(2) of the Income Tax Assessment Act 1997, does money or property necessarily have to be paid or given to the entity that caused a CGT event (for example a disposal) to happen to the asset?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D10 Income tax: are the establishment costs incurred by a taxpayer in entering into a sale and leaseback of a capital asset deductible to the taxpayer under section 8-1 of the Income Tax Assessment Act 1997 (‘the Act’)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D8 Income tax: what are the results for income tax purposes of entering into a partnership of the type described in Taxpayer Alert TA 2002/4?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D7 Income tax: if an Australian film production company alters its method of charging for film production services supplied to a foreign associate to account for the impact of the tax offset scheme under Division 376 of the Income Tax Assessment Act 1997, will the Commissioner apply Division 13 of Part III of the Income Tax Assessment Act 1936 or the Associated Enterprises article of a relevant double tax agreement to increase the charge?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D3W – Withdrawal Income tax: exemption for foreign service: do periods of physical presence in Australia constitute a break in foreign service for the purposes of section 23AG of the Income Tax Assessment Act 1936 (‘ITAA 1936’)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D3 Income tax: exemption for foreign service: do periods of physical presence in Australia constitute a break in foreign service for the purposes of section 23AG of the Income Tax Assessment Act 1936 (‘ITAA 1936’)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D2 Income tax: is a deduction under section 8-1 of the Income Tax Assessment Act 1997 allowable for underwriting fees paid as part of a Harvest Payment Agreement with either AWB (International) Limited or AWB (Australia) Limited or a Payment Agreement with ABB Grain Export Limited?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D1 Income tax: can a private company be taken to have paid a dividend under section 109D of the Income Tax Assessment Act 1936 (‘the Act’) in respect of a loan taken to have been made by the operation of section 109UB of the Act where the loan is made to another company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D16 Income tax: what is a ‘distribution line’ in the electricity distribution industry for the purposes of the expression ‘depreciating assets’ in section 40-100 of the Income Tax Assessment Act 1997 ?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D14 Income tax: which country is for the purposes of Part X of the Income Tax Assessment Act 1936 (the Act) the country of residence of a UK Limited Partnership (LP), a US LP, a UK Limited Liability Partnership (LLP) and a US LLP being a non-resident corporate limited partnership within Part III Division 5A of the Act?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D12 Income tax: is a payment by a taxpayer to a fighting fund deductible to the taxpayer under section 25-5 of the Income Tax Assessment Act 1997 (‘the Act’) where it is set up to fund litigation, negotiate a settlement outcome, or to otherwise manage an income tax dispute arising from an investment or scheme?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D11 Income tax: capital gains: if expenditure incurred to increase an asset’s value is reflected in that value at the time a CGT event happens to the asset, is this sufficient to satisfy the requirement in the fourth element of cost base and reduced cost base (subsections 110-25(5) and 110-55(2) of the Income Tax Assessment Act 1997 (‘ITAA 1997’)) that the expenditure be reflected in the ‘state’ or ‘nature’ of the asset at the time of the CGT event?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D10 Income tax: capital gains: what is meant by the phrase ‘at least 12 months before’ in subsection 115-25(1) of the Income Tax Assessment Act 1997 (about the CGT discount) and subsection 114-10(1) (about indexation)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D9 Income tax: capital gains: what is the first element of the cost base and reduced cost base of a share in a company you acquire in exchange for a share in another company in a takeover or merger?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D8 Income tax: capital gains: can a shareholder in HIH Insurance Limited choose to make a capital loss on a share in that company under CGT event G3 (about a liquidator declaring shares worthless) in section 104-145 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D7 Income tax: capital gains: what are the capital gains tax consequences for a beneficiary of a discretionary trust who renounces their interest in the trust?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D6W – Withdrawal Income tax: what characteristics of financial arrangements regarding investment in Australian films preclude a Division 10B tax concession?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D6 Income tax: what characteristics of financial arrangements regarding investment in Australian films preclude a Division 10B tax concession?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D5 Income tax: Interest paid by a company on bearer debentures – for the purposes of paragraph 126(1)(e) of the Income Tax Assessment Act 1936 does the term ‘holder of the debenture’ mean the person in possession of the debenture?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D3 Income tax: capital gains: how is Division 19B of Part IIIA of the Income Tax Assessment Act 1936 applied to a share value shifting arrangement that is ‘neutral’ for each shareholder in a company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D2 Income tax: capital gains: how do Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997 (‘the 1997 Act’) treat: (a) a final liquidation distribution; and (b) an interim liquidation distribution?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2001/D1 Income tax: which benchmark interest rate does a private company with a substituted accounting period in lieu of the year of income ending on 30 June use for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 (‘the Act’)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D16W – Notice of Withdrawal Income tax: can section 177EA of the Income Tax Assessment Act 1936 apply to the issue of ‘dollar value’ convertible notes of the type described in this Taxation Determination?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2017/D4 Income tax: deductibility of interest expenses incurred by a beneficiary of a discretionary trust on borrowings on-lent interest free to the trustee

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2017/D3 Income tax: Division 7A: can section 109T of the Income Tax Assessment Act 1936 apply to a payment or loan made by a private company to another entity (the ‘first interposed entity’) where that payment or loan is an ordinary commercial transaction?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2017/D2 Income tax: when will a dividend equivalent payment, made by a trustee under an employee share scheme that delivers ESS interests taxed by Subdivision 83A-B or 83A-C of the Income Tax Assessment Act 1997 be assessable as remuneration under section 6-5?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2019/D3 Income tax: in the definition of ‘financial intermediary business’ what is meant by ‘a business whose income is principally derived from the lending of money’?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2017/D1 Income tax: is a person who is not a beneficiary of the trust capable of having a distribution made to them for the purposes of section 272-60 of Schedule 2F to the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2019/D10 Income tax: can capital gains be included under subparagraph 770-75(4)(a)(ii) of the Income Tax Assessment Act 1997 when calculating the foreign income tax offset limit?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2019/D8 Income tax: what is an ’employee share trust’?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2019/D1 Income tax: what is a ‘restructuring’ for the purposes of subsection 125-70(1) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2018/D6 Income tax: can the debt and equity rules in Division 974 of the Income Tax Assessment Act 1997 limit the operation of the transfer pricing rules in Subdivision 815-B of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2018/D5 Income tax: what type of costs are debt deductions within scope of subparagraph 820-40(1)(a)(iii) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2018/D4 Income tax: thin capitalisation – valuation of debt capital for the purposes of Division 820

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2018/D3 Income tax: will a trust split arrangement of the type described in this draft Determination cause a new trust to be settled over some but not all assets of the original trust with the result that CGT event E1 in subsection 104-55(1) of the Income Tax Assessment Act 1997 happens?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2018/D2 Income tax: what constitutes ‘use’ (and potentially first use) of a mining, quarrying or prospecting right, that is a depreciating asset, for the purposes of subsection 40-80(1) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2018/D1 Income tax: schemes that limit a taxable presence in Australia under section 177DA of the Income Tax Assessment Act 1936 – meaning of ‘directly in connection with’

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2016/D7 Income tax: where an Australian corporate tax entity is a beneficiary of a trust, can the trust be taken to ‘hold’ a direct control interest (within the meaning of section 350 of the Income Tax Assessment Act 1936) in a foreign company for the purpose of Subdivision 768-A of the Income Tax Assessment Act 1997

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2016/D6 Income tax: where an Australian corporate tax entity is a partner in a partnership, can the partnership ‘hold’ a direct control interest (within the meaning of section 350 of the Income Tax Assessment Act 1936) in a foreign company for the purpose of Subdivision 768-A of the Income Tax Assessment Act 1997

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2016/D5 Income tax: where an amount included in a beneficiary’s assessable income under subsection 99B(1) of the Income Tax Assessment Act 1936 (ITAA 1936) had its origins in a capital gain from non-taxable Australian property of a foreign trust, can the beneficiary offset capital losses or a carry-forward net capital loss (‘capital loss offset’) or access the CGT discount in relation to the amount?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2016/D4 Income tax: does the residency assumption in subsection 95(1) of the Income Tax Assessment Act 1936 (ITAA 1936) apply for the purpose of section 855-10 of the Income Tax Assessment Act 1997 (ITAA 1997), which disregards certain capital gains of a trust which is a foreign trust for CGT purposes?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2016/D3 Income tax: in what circumstances does a contractual right, which is subject to the satisfaction of a condition, become a right to acquire a beneficial interest in a share for the purposes of subsection 83A-340(1) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2016/D1 Income tax: is a redemption payment received by a worker under the Return to Work Act 2014 (SA) assessable income of the worker?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2016/D2 Income tax: can a foreign resident elect to treat their interest in a limited partnership as an interest in a foreign hybrid limited partnership under paragraph 830-10(2)(b) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D3W – Withdrawal Income tax: consolidation: does the exception to the pre rules in paragraph 50(3)(a) of Part 4 of Schedule 3 to the Tax Laws Amendment (2012 Measures No.2) Act 2012 apply to an assessment (the assessment for the later income year) in the circumstance described in paragraph 1 of this Taxation Determination?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D2W – Withdrawal Income tax: consolidation: under subitem 50(5) of Part 4 of Schedule 3 to the Tax Laws Amendment (2012 Measures No.2) Act 2012, does the original 2002 law only apply to the particulars that form part of a head company’s assessment for an income year in respect of a joining entity if the latest notice of assessment for that income year, which relates to subsection 701-55(6) of the original 2002 law in respect of that joining entity, is served on the head company before 12 May 2010?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D10W – Notice of Withdrawal Income tax: when considering the application of subsection 159GZZZQ(2) of the Income Tax Assessment Act 1936 to an exiting vendor practitioner-shareholder by a ‘no goodwill’ incorporated professional practice, will the Commissioner consider that the buy-back price is less than the market value of the shares merely because the price is calculated not to reflect the underlying goodwill of the company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D7W – Withdrawal Income tax: does a receiver who disposes of a CGT asset as the agent for a debtor have an obligation under section 254 of the Income Tax Assessment Act 1936 to retain from sale proceeds sufficient money to pay tax which is or will become due as a result of disposing of that asset?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D6W – Withdrawal Income tax: must income tax have been assessed before an agent or trustee has an obligation under section 254 of the Income Tax Assessment Act 1936 to retain sufficient money to pay tax which is or will become due as a result of their agency or trusteeship?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2015/D6 Income tax: will a dealing between a life insurance company and another entity in relation to a segregated asset(s) of the company, undertaken by the company solely for the purpose of maintaining a pool of assets out of which to discharge its complying superannuation/FHSA life insurance policy liabilities or exempt life insurance policy liabilities, effect the transfer of an asset(s) ‘from’ or ‘to’ the company’s complying superannuation/FHSA asset pool or its segregated exempt assets (within the meaning of Division 320 of the Income Tax Assessment Act 1997)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2015/D5 Income tax: is a beneficiary of a trust entitled to a deduction under section 25-35 of the Income Tax Assessment Act 1997 for the amount of an unpaid present entitlement to trust income that the beneficiary has purported to write off as a bad debt?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2015/D4 Income tax: Division 7A: is a release by a private company of its unpaid present entitlement a ‘payment’ within the meaning of Division 7A of Part III of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2015/D2 – Erratum Income tax: if a retiring partner receives an amount representing their individual interest in the net income of the partnership for an income year, is the amount assessable under section 92 of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2015/D3 Income tax: consolidation: Division 7A: what is the lodgment day for a private company that is a subsidiary member of a consolidated group for the purposes of subsection 109D(6) of Division 7A of Part III of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2015/D2 Income tax: if a retiring partner receives an amount representing their individual interest in the net income of the partnership for an income year, is the amount assessable under section 92 of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2015/D1 Income tax: is an amount that is a cost in relation to a debt interest covered by paragraph 820-40(1)(a) of the Income Tax Assessment Act 1997 (ITAA 1997) deductible under section 25-90 of the ITAA 1997 (or, alternatively, under subsection 230-15(3) of the ITAA 1997) where that amount is incurred in earning income that meets the requirements of both section 23AH of the Income Tax Assessment Act 1936 and section 768-5 of the ITAA 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D20 Income tax: will paragraph 974-80(1)(d) of the Income Tax Assessment Act 1997 be satisfied merely because a company has issued a debt interest to a listed property trust within the same stapled property group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D19 Income tax: is the reference to ‘the interest’ as it appears in the phrase at the end of subsection 974 80(2) of the Income Tax Assessment Act 1997 a reference to the interest held by the ‘ultimate recipient’?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D18 Income tax: will paragraph 974-80(1)(d) of the Income Tax Assessment Act 1997 be satisfied merely because a non-resident entity has chosen to invest indirectly in a debt interest issued by an Australian resident company and there is one or more equity interests interposed between the non-resident entity and the entity holding the debt interest?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D17 Fringe benefits tax: when are the duties of the employment of an employee of a government body exclusively performed in, or in connection with, a public hospital or ‘non-profit hospital’ for the purposes of paragraph 57A(2)(b) of the Fringe Benefits Tax Assessment Act 1986?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D10W Income tax: does forex realisation event 4 happen to the debtor under subsection 775-55(1) of the Income Tax Assessment Act 1997 on repayment of a loan taken out prior to the effective date of a choice to use the applicable functional currency and denominated in the same non-AUD currency that later becomes the applicable functional currency?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D6W – Withdrawal Minerals resource rent tax: can an amount of expenditure incurred by an entity to identify or protect Aboriginal cultural heritage be included in the entity’s pre-mining expenditure for a pre-mining project interest for an MRRT year under section 70-35 of the Minerals Resource Rent Tax Act 2012?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D16 Income tax: where a right to acquire a beneficial interest in a share is granted subject to shareholder approval, is the right an ‘indeterminate right’ within the meaning of subsection 83A-340(1) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D15 Income tax: where a personal services entity receives a payment from a service acquirer in relation to a period, is that payment personal services income within the meaning of subsection 84-5(1) of the Income Tax Assessment Act 1997 notwithstanding during that period the service provider is not providing services to the service acquirer until further called upon?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D13 Income tax: is Bitcoin trading stock for the purposes of subsection 70-10(1) of the Income Tax Assessment Act 1997 (ITAA 1997)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D12 Income tax: is Bitcoin a CGT asset for the purposes of subsection 108-5(1) of the Income Tax Assessment Act 1997 (ITAA 1997)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D11 Income tax: is Bitcoin a ‘foreign currency’ for the purposes of Division 775 of the Income Tax Assessment Act 1997 (ITAA 1997)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D10 Income tax: does forex realisation event 4 happen to the debtor under subsection 775-55(1) of the Income Tax Assessment Act 1997 on repayment of a loan taken out prior to the effective date of a choice to use the applicable functional currency and denominated in the same non-AUD currency that later becomes the applicable functional currency?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D9 Income tax: does a United Kingdom resident company (UK Co), that beneficially owns a dividend paid by an Australian resident company (Aus Co), hold directly at least 10 per cent of the voting power in Aus Co for the purposes of Article 10.2(a) of the United Kingdom Convention (the Convention) in the following circumstances: (a) a nominee shareholder owns shares carrying at least 10 per cent of the voting power in Aus Co for the benefit of UK Co; and (b) the nominee undertakes to UK Co to exercise all rights of voting and other privileges attaching to the shares in such manner as UK Co shall direct or approve?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D8 Income tax: can the exemption in section 820-39 of the Income Tax Assessment Act 1997 apply to the special purpose finance entity established as part of the ‘securitised licence structure’ used in some social infrastructure Public Private Partnerships?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D7 Income tax: are the capital support payments described in this Draft Determination deductible under section 8-1, section 40-880, subsection 230-15(2) or subsection 230-15(3) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D6 Income tax: consolidation: if the conditions in paragraph 50(3)(a) of Part 4 of Schedule 3 to the Tax Laws Amendment (2012 Measures No.2) Act 2012 are satisfied and the interim rules apply to an assessment and, on or after 29 June 2012 that assessment is amended to include a new claim which was not previously made in the assessment, do the interim rules apply to the new claim?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D5 Income tax: consolidation: if the conditions in subitem 50(5) of Part 4 of Schedule 3 to the Tax Laws Amendment (2012 Measures No.2) Act 2012 are satisfied and the original 2002 law applies to an assessment, will a subsequent request by the head company to amend that assessment result in the pre rules applying, by virtue of subitem 50(6), to the entire assessment or only to the subsequent amendment request?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D4 Income tax: consolidation: if the conditions in paragraph 50(3)(a) of Part 4 of Schedule 3 to the Tax Laws Amendment (2012 Measures No.2) Act 2012 are satisfied and the interim rules apply to an assessment and, on or after 29 June 2012, that assessment was amended to alter a claim made under the original 2010 law, do the interim rules apply to the altered claim?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D3 Income tax: consolidation: does the exception to the pre rules in paragraph 50(3)(a) of Part 4 of Schedule 3 to the Tax Laws Amendment (2012 Measures No.2) Act 2012 apply to an assessment (the assessment for the later income year) in the circumstance described in paragraph 1 of this Taxation Determination?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D2 Income tax: consolidation: under subitem 50(5) of Part 4 of Schedule 3 to the Tax Laws Amendment (2012 Measures No.2) Act 2012, does the original 2002 law only apply to the particulars that form part of a head company’s assessment for an income year in respect of a joining entity if the latest notice of assessment for that income year, which relates to subsection 701-55(6) of the original 2002 law in respect of that joining entity, is served on the head company before 12 May 2010?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2014/D1 Income tax: can section 177EA of the Income Tax Assessment Act 1936 apply to a ‘dividend washing’ scheme of the type described in this Taxation Determination?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D10 Income tax: does a franking credit arise in the franking account of a head company of a consolidated group when a franked distribution is made by an entity that is not a member of the consolidated group to a trust that is a subsidiary member of the consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D7W – Withdrawal Income tax: in what circumstances is an asset of a complying superannuation fund a segregated current pension asset under section 295-385 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D9 Income tax: when will Design Expenditure incurred by an R&D entity be included in the cost of a tangible depreciating asset within paragraph 355-225(1)(b) of the Income Tax Assessment Act 1997 (and therefore not able to be deducted under section 355-205)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D8 Income tax: can a financial report prepared by an entity in accordance with those accounting standards it is required to apply, but not in accordance with other relevant accounting principles, satisfy paragraphs 230-210(2)(a), 230-255(2)(a), 230-315(2)(a) and 230-395(2)(a) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 93/D94W – Withdrawal Income tax: are lease payments allowable as a deduction under subsection 51(1) of the Income Tax Assessment Act 1936 where a previously owned asset is traded-in on the newly leased asset?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D7 Income tax: in what circumstances is an asset of a complying superannuation fund a segregated current pension asset under section 295-385 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D6 Minerals resource rent tax: can an amount of expenditure incurred by an entity to identify or protect Aboriginal cultural heritage be included in the entity’s pre-mining expenditure for a pre-mining project interest for an MRRT year under section 70-35 of the Minerals Resource Rent Tax Act 2012?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D5 Income tax: is the ‘dividend access share’ arrangement of the type described in this Taxation Determination a scheme ‘by way of or in the nature of dividend stripping’ within the meaning of section 177E of Part IVA of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D4 Fringe benefits tax: when an employer reimburses an amount of expenditure incurred by an employee to a third party, under a salary sacrifice (or similar) arrangement with that employee, where that expenditure is notionally subject to Division 35 of the Income Tax Assessment Act 1997 (ITAA 1997), is the amount included under paragraph (a) of the ‘income requirement’ in subsection 35-10(2E) increased when applying the ‘otherwise deductible rule’ in section 24 of the Fringe Benefits Tax Assessment Act 1986 (FBTAA)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D11W – Withdrawal Income tax: does subsection 820-39(3) of the Income Tax Assessment Act 1997 only apply to special purpose entities that have been established for the purpose of carrying on securitisation activity?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D2 Income tax: are foreign earnings derived by Australian Defence Force (ADF) members from a period of leave as a result of an accident or illness that occurred while deployed overseas as a member of a disciplined force exempt under section 23AG of the Income Tax Assessment Act 1936 (ITAA 1936)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D3 Income tax: are support payments made by a parent entity to its subsidiary deductible under section 8-1 or section 40-880 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2013/D1 Income tax: what is the meaning of ‘deployment’ in paragraph 23AG(1AA)(d) of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D11 Income tax: does subsection 820-39(3) of the Income Tax Assessment Act 1997 only apply to special purpose entities that have been established for the purpose of carrying on securitisation activity?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D12 Income tax: can a consolidated special purpose financial report of a head company of a tax consolidated group satisfy clause 1.1 of Schedule 2 to the Income Tax Assessment Regulations 1997 where transactions within the same class are translated using inconsistent methodologies?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D10 Income tax: will interest on a full recourse loan be denied deductibility as a consequence of Division 247 of the Income Tax Assessment Act 1997 where that loan is used to prepay interest on another loan which is a capital protected borrowing?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D9 Income tax: does ordinary income derived by an individual from allowing wind farming infrastructure to be constructed, operated and accessed on freehold land that they own and use in carrying on a primary production business constitute ‘assessable primary production income’ of that individual for the purposes of Division 392 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D8 Fringe benefits tax: reasonable amounts under section 31G of the Fringe Benefits Tax Assessment Act 1986 for food and drink expenses incurred by employees receiving a living-away-from-home allowance fringe benefit, for the period from 1 April 2013 to 31 March 2014

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D7 Income tax: does a receiver who disposes of a CGT asset as the agent for a debtor have an obligation under section 254 of the Income Tax Assessment Act 1936 to retain from sale proceeds sufficient money to pay tax which is or will become due as a result of disposing of that asset?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D6 Income tax: must income tax have been assessed before an agent or trustee has an obligation under section 254 of the Income Tax Assessment Act 1936 to retain sufficient money to pay tax which is or will become due as a result of their agency or trusteeship?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D5 Income tax: for the purposes of paragraph 97(1)(a) of the Income Tax Assessment Act 1936 (ITAA 1936) is a beneficiary’s share of net income worked out by reference to the proportion of the income of the trust estate to which the beneficiary is presently entitled?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D4 Income tax: does CGT event E1 or E2 in sections 104-55 or 104-60 of the Income Tax Assessment Act 1997 happen if, pursuant to a valid exercise of a power contained within the trust’s constituent document, the terms of the trust are changed

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D3 Income tax: does a New Zealand citizen who was present in Australia as the holder of a temporary visa granted under section 32 of the Migration Act 1958 (a Special Category Visa) that ceased to be in effect when they departed Australia still hold a temporary visa for the purposes of paragraph (a) in the ‘temporary resident’ definition in subsection 995-1(1) of the Income Tax Assessment Act 1997 (ITAA 1997)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D2 Income tax: capital gains: for the purposes of paragraph 115-228(1)(a) of the Income Tax Assessment Act 1997 can a beneficiary of a trust estate be reasonably expected to receive a share of the net financial benefit referable to a capital gain made by the trust estate in an income year if the fact that the capital gain was made is not established until after the end of the income year?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 94/D84W – Withdrawal Income tax: foreign income: does a voluntary payment made to a taxing authority exclude income from designated concession income as described in Income Tax Regulation 152D?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2012/D1 Income tax: when is income tax of a private company a ‘present legal obligation’ for the purposes of the distributable surplus calculation under subsection 109Y(2) of Division 7A of Part III of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D12 Income tax: what types of temporary absences from foreign service form part of a continuous period of foreign service under section 23AG of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D11 Income tax: when is the shortfall interest charge incurred for the purposes of paragraph 25-5(1)(c) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D9 Income tax: Employee share schemes: If a share in a ‘no goodwill’ professional practice company is acquired by a practitioner-shareholder (or a new practitioner-shareholder), will the Commissioner accept, for the purposes of determining whether that acquisition was at a discount within the meaning of subsection 83A-20(1) of the Income Tax Assessment Act 1997, that the goodwill of the company can be taken to have no value?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D10 Income tax: When considering the application of subsection 159GZZZQ(2) of the Income Tax Assessment Act 1936 to an exiting vendor practitioner-shareholder by a ‘no goodwill’ incorporated professional practice, will the Commissioner consider that the buy-back price is less than the market value of the shares merely because the price is calculated not to reflect the underlying goodwill of the company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D8 Income tax: does a taxpayer’s purpose of ‘paying their home loan off sooner’ mean that Part IVA of the Income Tax Assessment Act 1936 cannot apply to an ‘investment loan interest payment arrangement’ of the type described in this Taxation Determination?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D7 Income tax: Division 7A: do the exclusion rules in Subdivision D of Division 7A of Part III of the Income Tax Assessment Act 1936 (ITAA 1936) necessarily impact on the deemed circumstances arising from Subdivision E of the ITAA 1936 and the consequent operation of Subdivision B of the ITAA 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D5 Income tax: will the gain or loss resulting from the expiration, sale, termination or exercise of a hedging financial arrangement to which a hedging financial arrangement election applies be determined and allocated in accordance with subsections 230-300(2) and 230-300(3) of the Income Tax Assessment Act 1997 where that expiration, sale, termination or exercise happens before an occurrence of an event listed in the table in section 230-305 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D6 Income tax: does the hedge effectiveness test under section 230-365 of the Income Tax Assessment Act 1997 require both retrospective and prospective testing for the purposes of the hedging financial arrangements method?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D9W – Notice of Withdrawal Income tax: employee share schemes: if a share in a ‘no goodwill’ professional practice company is acquired by a practitioner-shareholder (or a new practitioner-shareholder), will the Commissioner accept, for the purposes of determining whether that acquisition was at a discount within the meaning of subsection 83A-20(1) of the Income Tax Assessment Act 1997, that the goodwill of the company can be taken to have no value?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D4 Tax administration: what is a general administrative practice for the purposes of protection from administrative penalties and interest charges?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D3 Income tax: capital gains tax: will the Commissioner accept that the shares in a ‘no goodwill’ incorporated professional practice have a market value of nil when considering the application of subsection 116-30(1) of the Income Tax Assessment Act 1997 to an admission or exit of a practitioner-shareholder from the practice for no consideration?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D2 Income tax: can Part IVA of the Income Tax Assessment Act 1936 apply to a scheme designed to convert otherwise assessable interest income into non-assessable non-exempt dividends?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2011/D1 Income tax: does it follow merely from the fact that an investment has been made by a trustee that any gain or loss from the investment will be on capital account?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2010/D10 Income tax: Division 7A – payments and loans through interposed entities – factors the Commissioner will take into account in determining the amount of any deemed payment or notional loan arising under section 109T of the Income Tax Assessment Act 1936

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2010/D9 Income tax: Division 7A – unpaid present entitlements – factors the Commissioner will take into account in determining the amount of any deemed entitlement arising under section 109XI of the Income Tax Assessment Act 1936

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2010/D7 Income tax: is ‘Australian source(s)’ in subsection 6-5(3) of the Income Tax Assessment Act 1997 dependent solely on where purchase and sale contracts are executed in respect of the sale of shares in an Australian corporate group acquired in a leveraged buyout by a private equity fund?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2010/D8 Income tax: does the business profits article (Article 7) of Australia’s tax treaties apply to Australian sourced business profits of a foreign limited liability partnership (LLP) where the partners in the LLP are residents of a country with which Australia has entered into a tax treaty and the LLP is treated as fiscally transparent in the country of residence of the partners?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2010/D5 Income tax: consolidation: capital gains: does paragraph 40-880(5)(f) of the Income Tax Assessment Act 1997 prevent the deduction, under section 40-880 of that Act, of incidental costs described in subsection 110-35(2) of that Act that the head company of a consolidated group or MEC group incurs, in acquiring shares in an entity that becomes a subsidiary member of the group, after the entity joins the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2010/D4 Income tax: consolidation: capital gains: does paragraph 40-880(5)(f) of the Income Tax Assessment Act 1997 prevent the deduction, under section 40-880 of that Act, of incidental costs described in subsection 110-35(2) of that Act that the head company of a consolidated group or MEC group incurs, in acquiring shares in an entity that becomes a subsidiary member of the group, before the entity joins the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2010/D6 Income tax: consolidation: capital gains: does paragraph 40-880(5)(f) of the Income Tax Assessment Act 1997 prevent the deduction, under section 40-880 of that Act, of incidental costs described in subsection 110-35(2) of that Act that the head company of a consolidated group or MEC group incurs, in disposing of shares in a subsidiary member to a non-group entity, after the member leaves the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2010/D3 Income tax: where an equity interest is a financial arrangement which satisfies both subsections 230-45(1) and 230-50(1) of the Income Tax Assessment Act 1997, which provision applies?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2010/D1 Income tax and fringe benefits tax: can a non-resident employer be: (a) required to withhold amounts from salary and wages paid to an Australian resident employee for work performed overseas under section 12-35 of Schedule 1 to the Taxation Administration Act 1953? (b) subject to obligations under the Fringe Benefits Tax Assessment Act 1986 in relation to benefits provided to an Australian resident employee in relation to work performed overseas?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2010/D2 Income tax: will the exemption in section 102NA of the Income Tax Assessment Act 1936 continue to apply to a unit trust that has become the interposed trust of a stapled group pursuant to Subdivision 124-Q of the Income Tax Assessment Act 1997 if the trustee of the unit trust later gains control (or the ability to control), either directly or indirectly, of operations of an entity that are in respect of a trading business within the meaning of section 102M of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D17 Income tax: treaty shopping – can Part IVA of the Income Tax Assessment Act 1936 apply to arrangements designed to alter the intended effect of Australia’s International Tax Agreements network?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D18 Income tax: can a private equity entity make an income gain from the disposal of the target assets it has acquired?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D20W – Notice of Withdrawal Income tax: where there is no excess debt under Division 820 of the Income Tax Assessment Act 1997, can the transfer pricing provisions apply to adjust the pricing of costs that may become debt deductions, for example, interest and guarantee fees?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D16 Income tax: will a deduction remain allowable under section 8-1 of the Income Tax Assessment Act 1997 where a CGT event happens in relation to a taxpayer’s interest in a section 82KZMG of the Income Tax Assessment Act 1936 forestry managed investment scheme within 4 years after the end of the income year in which the taxpayer first incurred expenditure under the agreement?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D13 Income tax: does a failure to plant trees intended to be established under a forestry scheme affect the timing of deductions for expenditure on seasonally dependent agronomic activities where section 8-1(1)(b) of the Income Tax Assessment Act 1997 and section 82KZMG of the Income Tax Assessment Act 1936 have previously been ruled to be satisfied?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D15 Income tax: will a deduction remain allowable under subsection 394-10(1) of the Income Tax Assessment Act 1997 where a CGT event happens in relation to a participant’s forestry interest in a forestry managed investment scheme within 4 years after the end of the income year in which the participant first pays an amount under the scheme (subsection 394-10(5) of that Act)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D14 Income tax: does failure to plant all the trees intended to be established under a forestry managed investment scheme covered by Division 394 of the Income Tax Assessment Act 1997 mean that no deduction is allowable under Division 394 in respect of a participant’s initial contribution to the scheme?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D15 Income tax: will a deduction remain allowable under subsection 394-10(1) of the Income Tax Assessment Act 1997 where a CGT event happens in relation to a participant’s forestry interest in a forestry managed investment scheme within 4 years after the end of the income year in which the participant first pays an amount under the scheme (subsection 394-10(5) of that Act)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D12 Income tax: can Part IVA of the Income Tax Assessment Act 1936 apply to an asymmetric swap scheme?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D9 Income tax: does a change of Responsible Entity of a registered agricultural managed investment scheme affect the tax outcomes for participants if the arrangement continues to be implemented in accordance with the relevant product ruling?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D11 Income tax: is a payment received by an investor in a non-forestry managed investment scheme upon the winding-up of the scheme, that does not involve the disposal of your interest in the scheme to another person, necessarily ordinary or statutory income under the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D10 Income tax: does the disposal or termination of an interest in a non-forestry managed investment scheme which arises as a result of circumstances outside the control of the taxpayer result in the denial of deductions previously allowed under paragraph 8-1(1)(b) of the Income Tax Assessment Act 1997 in respect of your contributions to the scheme?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D15W – Notice of Withdrawal Income tax: (a) are credits for United Kingdom interest withholding tax paid allowable under Article 22.1(a) of the 2003 United Kingdom Convention to an Australian resident financial institution which enters into an arrangement of the kind described in Taxpayer Alert TA 2007/3; and (b) would the Commissioner consider the application of Part IVA of the Income Tax Assessment Act 1936 to the arrangement?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D8 Income tax: to obtain a deduction under section 25-90 of the Income Tax Assessment Act 1997 for a cost in relation to a debt interest does the taxpayer have to actually derive a dividend to which section 23AJ of the Income Tax Assessment Act 1936 applies in the same income year as that in which the cost is incurred?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D7 Income tax: where an Australian resident taxpayer includes its share of the net income of a partnership in its assessable income under section 92 of the Income Tax Assessment Act 1936, and the net income of the partnership (as determined in accordance with section 90 of that Act) includes Foreign Investment Fund (FIF) income of the partnership, will that taxpayer be entitled to a FIF exemption under subsection 519B(2) of that Act for any relevant proportion of their share of the partnership’s net income?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D5 Income tax: can Part IVA of the Income Tax Assessment Act 1936 apply to an employee savings plan as described in Taxpayer Alert TA 2008/13?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D6 Income tax: can Part IVA of the Income Tax Assessment Act 1936 apply to a salary deferral arrangement as described in Taxpayer Alert TA 2008/14?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D16W – Notice of Withdrawal Income tax: will a deduction remain allowable under section 8-1 of the Income Tax Assessment Act 1997 where a CGT event happens in relation to a taxpayer’s interest in a section 82KZMG of the Income Tax Assessment Act 1936 forestry managed investment scheme within 4 years after the end of the income year in which the taxpayer first incurred expenditure under the agreement?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D4 Income tax: consolidation: capital gains: does paragraph 40-880(5)(f) of the Income Tax Assessment Act 1997 prevent the deduction, under section 40-880 of that Act, of incidental costs described in subsection 110-35(2) of that Act that the head company of a consolidated group or MEC group incurs, in disposing of shares in a subsidiary member to a non-group entity, before the member leaves the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D3 Income tax: does a taker in default of trust capital have an ‘interest in the trust capital’ for the purposes of CGT event E8 in section 104-90 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D2 Income tax: when is a non-share equity interest ‘issued at or through a permanent establishment’ for the purposes of paragraph 215-10(1)(c) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2009/D1 Income tax: does the term ‘real property’ in paragraph 855-20(a) of the Income Tax Assessment Act 1997 include a leasehold interest in land?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D19 Income tax: Division 7A: in exercising the discretion under subsection 109Y(2) of Division 7A of Part III of the Income Tax Assessment Act 1936 to substitute an appropriate value for a private company’s assets, can the Commissioner take into account the value of the company’s assets not shown in the company’s accounting records?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D18 Income tax: employee share schemes: for the purpose of subsection 139CD(6) of the Income Tax Assessment Act 1936, does a taxpayer become the holder of a beneficial interest in shares merely by acquiring a contractual right to obtain shares in a company (the particular, individual shares not being ascertained at the time)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D17 Income tax: in accounting for a Dividend Re-investment Plan, can a company taint its share capital account for the purposes of Division 197 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D16 Income tax: is interest on a loan fully deductible under section 8-1 of the Income Tax Assessment Act 1997 when the borrowed moneys are settled by the borrower on trust to benefit the borrower and others?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D15 Income tax: (a) are credits for United Kingdom interest withholding tax paid allowable under Article 22.1(a) of the 2003 United Kingdom Convention to an Australian resident financial institution which enters into an arrangement of the kind described in Taxpayer Alert TA 2007/3; and (b) would the Commissioner consider the application of Part IVA of the Income Tax Assessment Act 1936 to the arrangement?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D14 Income tax: does subsection 974-135(1) of the Income Tax Assessment Act 1997 only apply to a legally enforceable obligation?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D13 Income tax: when is ‘foreign income tax … imposed … on the partners, not the partnership’ under paragraph 830-10(1)(b) of the Income Tax Assessment Act 1997 for the purpose of determining whether a foreign limited partnership is a foreign hybrid limited partnership under Division 830 of that Act?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D12 Income tax: is the deductibility of compound interest determined according to the same principles as the deductibility of other interest?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D17W – Withdrawal Income tax: is an employee’s deduction for the decline in value of a depreciating asset used for a taxable purpose affected by section 51AH of the Income Tax Assessment Act 1936, if they are subsequently reimbursed an amount for the cost of the asset by their employer?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D11 Income tax: consolidation: capital gains: for the purposes of Part 3-90 of the Income Tax Assessment Act 1997, is the CGT asset that an entity has contracted to sell to another taxpayer an asset of the entity at a time it joins or leaves a consolidated group, if the contract is not completed at that time?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D10 Income tax: consolidation: capital gains: for the purposes of Part 3-90 of the Income Tax Assessment Act 1997, is the CGT asset that an entity has contracted to buy from another taxpayer an asset of the entity at a time it joins or leaves a consolidated group, if the contract is not completed at that time?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D9 Income tax: consolidation: capital gains: do the core consolidation rules in Division 701 of the Income Tax Assessment Act 1997 modify the effect of the CGT contract rules if an entity contracts to buy or sell a CGT asset and the contract settles after the entity becomes, or ceases to be, a member of a consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D27W – Withdrawal Income tax: consolidation: capital gains: do the core consolidation rules in Division 701 of the Income Tax Assessment Act 1997 modify the effect of the CGT contract rules if an entity contracts to sell or buy a CGT asset and the contract settles after the entity becomes, or ceases to be, a member of a consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D8 Income tax: when is income tax of a private company a ‘present legal obligation’ for the purposes of the distributable surplus calculation under subsection 109Y(2) of Division 7A of Part III of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D7 Income tax: is an exceptional circumstances relief payment paid to a farmer under the Farm Household Support Act 1992 ‘assessable primary production income’ under subsection 392-80(2) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D6 Income tax: is a taxpayer entitled to an income tax deduction under subsection 70B(2) of the Income Tax Assessment Act 1936 where a Stapled Security of the kind described in Taxpayer Alert TA 2008/1, is sold at a loss or upon the occurrence of an Assignment Event?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D3 Income tax: where a taxpayer has supplied or acquired property under an international agreement and that gives rise to a debt interest or an equity interest as defined for the purposes of Division 974 of the Income Tax Assessment Act 1997, does Division 974 bear upon the characterisation to be adopted for the purposes of the application of Division 13 of Part III of the Income Tax Assessment Act 1936 to the transaction?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D4 Income tax: is a Deferred Purchase Agreement warrant, an investment product offered by financial institutions, a traditional security for the purposes of sections 26BB and 70B of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D2 Income tax: Division 7A of Part III of the Income Tax Assessment Act 1936 – what is the meaning of ‘because’ in the context of the expression ‘because the entity has been such a shareholder or associate at some time’ in relation to payments, loans and debt forgiveness with former shareholders of a private company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2008/D1 Income tax: can an Australian-formed unincorporated association of persons who do not carry on a business in common with a view to profit be a corporate limited partnership within the meaning of section 94D of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D23 Fringe benefits tax: where an employer mistakenly pays to their employee an amount that the employee is not legally entitled to, but is obliged to repay, does the employer’s subsequent waiver of that obligation constitute a ‘debt waiver benefit’ under section 14 of the Fringe Benefits Tax Assessment Act 1986?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D22 Fringe benefits tax: where an employer recognises they mistakenly paid to their employee an amount that the employee is not legally entitled to, but is obliged to repay, and afterwards allows the employee time to repay the amount, is there a ‘loan benefit’ under subsection 16(1) of the Fringe Benefits Tax Assessment Act 1986?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D21 Income tax: are amounts mistakenly paid as salary or wages to employees (or as income support payments or worker’s compensation amounts to persons), to which they are not beneficially entitled, but are obliged to repay, ‘ordinary income’ under section 6-5 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D20 Income tax: where there is no excess debt under Division 820 of the Income Tax Assessment Act 1997 can the transfer pricing provisions apply to adjust the pricing of costs that may become debt deductions, for example, interest and guarantee fees?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D19 Income tax: if a private company makes a loan to a shareholder or associate in an income year and the loan has not been fully repaid, what elements of the loan agreement need to be in writing for the purposes of paragraph 109N(1)(a) of Division 7A of Part III of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D16 Income tax: can section 177EA of the Income Tax Assessment Act 1936 apply to the issue of ‘dollar value’ convertible notes of the type described in this Taxation Determination?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D17 Income tax: if a private company provides trade credit to a shareholder (or their associate) on the usual terms it gives to parties at arm’s length, will a failure by the shareholder (or their associate) to repay the amount within the agreed payment term prevent section 109M of the Income Tax Assessment Act 1936 from applying?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D15 Income tax: can section 23AJ of the Income Tax Assessment Act 1936 apply to a dividend paid by a company (not being a Part X Australian resident) to the trustee of a trust, which then pays it to an Australian resident company beneficiary?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D14 Income tax: can section 23AJ of the Income Tax Assessment Act 1936 apply to a dividend when it is paid by a company (not being a Part X Australian resident) to an Australian resident company which receives it in its capacity as a partner in a partnership?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D13 Income tax: holding period rule: is an embedded share option a position in relation to the share if it is exercisable by or against a party other than the issuer of the share?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D12 Income tax: is a non-resident head lessor of substantial equipment liable for royalty withholding tax under subsection 128B(5A) of the Income Tax Assessment Act 1936 on lease payments it receives from a Singaporean resident who subleases that same equipment to an entity which operates it in Australia?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D11 Income tax: will the hire of substantial equipment in Australia under a hire-purchase agreement create a deemed permanent establishment for a Singaporean resident hirer under Article 4(3)(b) of the tax treaty between Australia and Singapore as a result of the decision in McDermott Industries (Aust) Pty Ltd v. Federal Commissioner of Taxation [2005] FCAFC 67?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D10 Fringe benefits tax: in determining whether a charitable institution is a rebatable employer for the purposes of paragraph 65J(1)(baa) of the Fringe Benefits Tax Assessment Act 1986, is the institution ‘established by a law of the Commonwealth, a State or a Territory’ under subsection 65J(3) of that Act when it is incorporated under either the Corporations Act 2001 or under a law of a State or Territory which relates to the incorporation of Associations?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D9 Income tax: is income tax of a private company properly payable for an income year, but unpaid at the end of that year, a ‘present legal obligation’ for the purposes of the distributable surplus calculation under subsection 109Y(2) of Division 7A of Part III of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D8 Income tax: what is a ‘present legal obligation’ of a private company for the purposes of subsection 109Y(2) of Division 7A of Part III of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D7 Income tax: are bees kept for use in a honey production business trading stock as defined in section 70-10 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D6 Income tax: do the active assets of a partnership, in which a foreign company is a partner, constitute active foreign business assets of the foreign company for the purposes of the capital gains tax participation exemption provisions contained in Subdivision 768-G of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D4 Miscellaneous taxes: does paragraph 284-220(1)(e) of Schedule 1 to the Taxation Administration Act 1953 apply to increase the base penalty amount applicable to a subsection 284-75(3) penalty where the entity was liable to the same penalty for a previous accounting period?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D3 Income tax: can a share in a company be a convertible interest by satisfying item 4 of the table in subsection 974-75(1) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D2 Income tax: can the attribution regime relating to controlled foreign companies apply to an Australian entity that is a member of a foreign company limited by guarantee?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2007/D1 Income tax: does the notional assessable income of a controlled foreign company include an amount deemed to be a dividend under section 47A of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D40 Income tax: imputation: franked distributions: qualified persons: does an entity have to be a qualified person within the meaning of Division 1A of Part IIIAA of the Income Tax Assessment Act 1936 to avoid the application of paragraphs 207-145(1)(a) and 207-150(1)(a) of the Income Tax Assessment Act 1997 in respect of a franked distribution made directly or indirectly to the entity on or after 1 July 2002?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D46 Income tax: consolidation: in applying the statutory cap in section 705-40 (tax cost setting amount for reset cost base assets held on revenue account) of the Income Tax Assessment Act 1997, does the definition of revenue asset in section 977-50 of that Act include any CGT asset, a hypothetical realisation of which would have an amount reflected in the joining entity’s taxable income (disregarding the single entity rule), otherwise than solely as a capital gain or capital loss?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D45 Income tax: is the ‘applicable functional currency’ for the head company of a consolidated group determined by looking at the ‘accounts’ of all the members of the consolidated group, for the purposes of item 1 of subsection 960-60(1) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D44 Income tax: should a taxpayer who has incurred a tax loss or made a net capital loss for an income year retain records relevant to the ascertainment of that loss only for the record retention period prescribed under income tax law?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D39 Income tax: consolidation: if a member of a consolidated group is reinstated under section 601AH of the Corporations Act 2001 after having been deregistered, will it be taken to have continued to satisfy the membership requirements in section 703-15 of the Income Tax Assessment Act 1997 during the period between deregistration and reinstatement?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D42 Income tax: consolidation: can a head company make a capital gain under CGT event L5 (section 104-520 of the Income Tax Assessment Act 1997) when a subsidiary member of the group is deregistered after liquidation?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D41 Income tax: consolidation: subsidiary in liquidation – for the purposes of subsection 711-45(1) of the Income Tax Assessment Act 1997, is the amount of an unsatisfied liability owed to another member of the consolidated group (‘intra-group liability’) by a subsidiary member at the time it is deregistered equal to the market value of the corresponding asset of that other member?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D43 Income tax: consolidation: in working out the market value of the goodwill of each business of an entity that becomes a subsidiary member of a consolidated group, should the value of related party transactions of each business of the entity be recognised on an arm’s length basis?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 2004/D80W – Withdrawal Income tax: consolidation: capital gains and losses: does a capital gain arise under CGT event C2 when the amount received in payment of a foreign currency denominated trade receivable exceeds its tax cost setting amount?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D38 Income tax: consolidation: can a tax loss, transferred under section 707-120 of the Income Tax Assessment Act 1997 to the extent that it could have been utilised by the transferor in the trial year under section 165-20 of that Act, satisfy the condition described in paragraph 707-350(1)(c) of the Income Tax (Transitional Provisions) Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D37 Income tax: consolidation: can the transfer of a tax loss under section 707-120 of the Income Tax Assessment Act 1997, to the extent that it could have been utilised by the transferor in the trial year under section 165-20 of that Act, constitute a COT transfer?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 2006/D12W – Withdrawal Income tax: will a balancing adjustment amount arise under section 40-285 of the Income Tax Assessment Act 1997 if a balancing adjustment event, such as a sale, occurs for a depreciating asset before the taxpayer uses the asset, or has it installed ready for use, for any purpose?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D46W – Withdrawal Income tax: consolidation: losses: can item 4 in the table in subsection 707-320(2) of the Income Tax Assessment Act 1997 apply to reduce or maintain the available fractions of bundles of losses of the ongoing head company where an application event is covered by one of the exceptions in section 719-300 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 93/D281W – Withdrawal Income tax: are division 6B and division 6C unit trusts subject to the company self assessment provisions?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D36 Income tax: capital gains tax: is a ‘policy of insurance on the life of an individual’ in section 118-300 of the Income Tax Assessment Act 1997 limited to a life insurance policy within the common law meaning of that expression?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D35 Income tax: are certain payments to a volunteer foster carer to provide foster care assessable income?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D24 Income tax: capital gains: can the clause ‘the relevant business ceased to be carried on’ in subparagraph 152-35(a)(ii) of the Income Tax Assessment Act 1997 be satisfied in the case of a taxpayer who sold the business to another?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D34 Income tax: capital gains: small business concessions: is an entity that has a ‘controller’ under section 152-30 of the Income Tax Assessment Act 1997 necessarily a small business CGT affiliate under paragraph 152-25(1)(b) of the Income Tax Assessment Act 1997 of that ‘controller’?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D33 Income tax: capital gains: small business concessions: is the part of a payment which is a small business 50% reduction amount a non-assessable part under CGT event E4 in section 104-70 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D32 Income tax: capital gains: is a bank account or cash on hand included in the numerator of the ‘80% test’ calculation in paragraph 152-40(3)(b) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D31 Income tax: capital gains: are there any circumstances in which the premises used in a business of providing accommodation for reward may satisfy the active asset test in section 152-35 of the Income Tax Assessment Act 1997 notwithstanding the exclusion in paragraph 152-40(4)(e) of the Income Tax Assessment Act 1997 for assets whose main use is to derive rent?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D30 Income tax: capital gains: small business concessions: must a taxpayer receive actual capital proceeds from a CGT event to qualify for the small business retirement exemption under Subdivision 152-D of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D29 Income tax: capital gains: small business concessions: can trustees or members of a complying superannuation fund ‘control’ the superannuation fund in the way described in section 152-30 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D28 Income tax: capital gains: small business concessions: does a person who has the power to remove the trustee of a discretionary trust and appoint a new trustee control the trust for the purposes of subparagraph 152-30(2)(c)(ii) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D27 Income tax: capital gains: small business concessions: what ‘liabilities’ are included in the calculation of the ‘net value of the CGT assets’ of an entity in the context of subsection 152-20(1) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D26 Income tax: capital gains: small business concessions: is the rollover of an eligible termination payment from a discretionary trust to a superannuation fund, in relation to an employee who is also a beneficiary of the trust, a ‘distribution of income or capital’ under subsection 152-55(3) of the Income Tax Assessment Act 1997 for the purposes of the controlling individual test?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D25 Income tax: capital gains: small business concessions: can a share in a company or an interest in a trust qualify as an active asset under subsection 152-40(3) of the Income Tax Assessment Act 1997 if the company or trust owns interests in another entity that satisfies the ‘80% test’?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D23 Income tax: capital gains: is a CGT asset that is leased by a taxpayer to a connected entity for use in the connected entity’s business an active asset under section 152-40 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D22 Income tax: capital gains: are all classes of shares (other than redeemable shares) issued by a company taken into account in determining if the company has a controlling individual under subsection 152-55(1) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D21 Income tax: is any part of an amount, which is otherwise deductible as a transport expense for travel between workplaces (one of which is a business), attributable to the relevant business activity under subsection 35-10(2) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D20 Income tax: how does a taxpayer work out the amount to be included in assessable income under section 27H of the Income Tax Assessment Act 1936 for a superannuation pension or annuity that is payable in a foreign currency?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D19 Income tax: demergers: in reallocating the cost bases of ownership interests under a demerger, as required by subsection 125-80(2) of the Income Tax Assessment Act 1997, is there more than one method that produces a reasonable apportionment?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D18 Income tax: consolidation: is a deferred tax liability recognised and measured in accordance with AASB 1020 (AAS 3) ‘Income Taxes’ (the 1999 standard) an accounting liability under subsection 705-70(1) where the 1999 standard was not adopted for the recognition and measurement of the liability for financial reporting purposes for the period within which the joining time occurred?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D17 Income tax: are there circumstances when a balancing adjustment for a car is worked out under section 40-370 instead of section 40-285 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D16 Income tax: can section 160ZZZJ of Part IIIB of the Income Tax Assessment Act 1936 apply to interest entered in the accounting records of an Australian branch of a foreign bank if the interest relates to a borrowing the branch has obtained from a third party?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D15 Income tax: what amounts are included in ‘establishment expenditure’ for the purposes of working out the decline in value of a horticultural plant under section 40-545 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D5ER – Erratum Income tax: where there is a disposal of foreign currency or a right to receive foreign currency and forex realisation event 1 happens, is the amount attributable to a currency exchange rate effect determined by subtracting the non-forex component of the capital gain (or loss) from the overall capital gain (or loss)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D13 Income tax: can a dividend, or part of a dividend, be non-assessable non-exempt income under both section 23AJ and section 23AI of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D11 Income tax: does subsection 40-230(1) of the Income Tax Assessment Act 1997 reduce the first element of the cost of a car designed mainly for carrying passengers by the amount of any input tax credit the taxpayer is or becomes entitled to for the acquisition or importation of the car before the car limit is applied?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D14 Income tax: can a dividend, or part of a dividend, be non-assessable non-exempt income under both section 23AJ and section 23AK of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D12 Income tax: will a balancing adjustment amount arise under section 40-285 of the Income Tax Assessment Act 1997 if a balancing adjustment event, such as a sale, occurs for a depreciating asset before the taxpayer uses the asset, or has it installed ready for use, for any purpose?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D10 Income tax: is a hearse ‘a car designed mainly for carrying passengers’ for the purposes of section 40-230 of the Income Tax Assessment Act 1997 and therefore subject to the car limit?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D9 Income tax: foreign currency gains and losses: if a forex realisation gain is made under section 775-55 of the Income Tax Assessment Act 1997 upon payment for the acquisition of foreign currency denominated trading stock, is that gain ‘ordinary income’ as defined in section 6-10 of the Income Tax Assessment Act 1997 for the purposes of subsection 45-120(1) of Schedule 1 to the Taxation Administration Act 1953?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D8 Income tax: for the purposes of Division 775 of the Income Tax Assessment Act 1997, does forex realisation event 2 and forex realisation event 4 occur when, on novation, a foreign currency-denominated debt is ended and a new party becomes either the creditor or debtor in the substituted debt?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D7 Income tax: are margin payments made in respect of exchange-traded option and futures contracts deductible under section 8-1 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D6 Income tax: for the purposes of Division 775 of the Income Tax Assessment Act 1997, what forex realisation events happen to a creditor and a debtor, on the effective assignment by the creditor to a third party of a presently existing right to receive an amount under a foreign currency-denominated debt?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D5 Income tax: where there is a disposal of foreign currency or a right to receive foreign currency and forex realisation event 1 happens, is the amount attributable to a currency exchange rate effect determined by subtracting the non-forex component of the capital gain (or loss) from the overall capital gain (or loss)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D4 Income tax: is a non-member spouse who is under 55 years of age entitled to a rebate under section 159SM or section 159SU of the Income Tax Assessment Act 1936 when a superannuation pension or ‘eligible annuity’ is split pursuant to an agreement or court order on marriage breakdown on a specified percentage basis?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D3 Income tax: will the Commissioner exercise his discretion under subsection 27H(3) of the Income Tax Assessment Act 1936 in determining the deductible amount in relation to a superannuation pension or ‘eligible annuity’ split pursuant to an agreement or court order on marriage breakdown?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D2 Income tax: consolidation: subsidiary in liquidation – are unsatisfied debts of a subsidiary at the time of deregistration, being debts owed to creditors outside of the consolidated group, accounting liabilities for the purposes of subsection 711-45(1) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2006/D1 Income tax: consolidation: will a subsidiary company that is deregistered cease to be a member of a consolidated group with the consequence that it is treated as a leaving entity for the purposes of Division 711 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 2004/D85W – Withdrawal Income tax: consolidation: can the head company of a consolidated group claim a deduction, under section 8-1 of section 25-95 of the Income Tax assessment Act 1997, for the tax cost setting amount of partly performed work which has not yet given rise to a recoverable debt?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 2004/D75W – Withdrawal Income tax: consolidation: can the head company of a consolidated group claim a deduction, under section 8-1 of the Income Tax Assessment Act 1997, for a consumable’s tax cost setting amount where: (a) an entity acquired the consumable before it became a subsidiary member of the consolidated group (the joining time); (b) the expenditure incurred in purchasing the consumable was deductible by the entity in the income year in which it was incurred; and (c) at the joining time, some or all of the consumable remained on-hand?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 2004/D74W – Withdrawal Income tax: consolidation: can the head company of a consolidated group claim a deduction, following Taxation Ruling IT 333, for a consumable’s tax cost setting amount when the consumable is used, where: (a) an entity acquired the consumable before it became a subsidiary member of the consolidated group (the joining time); and (b) at the joining time, some of the consumable remained on-hand and its expenditure had not been fully deducted?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D56 Income tax: consolidation: when does an injection of capital, as described in paragraph 707-325(4)(a) of the Income Tax Assessment Act 1997, occur where money is received under a publicly listed share offer?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D55 Income tax: capital gains tax: scrip for scrip roll-over: is the reference to a roll-over in paragraph 124-795(2)(a) of the Income Tax Assessment Act 1997 only to a replacement asset roll-over listed in section 112-115 of the Income Tax Assessment Act 1997 or a same asset roll-over listed in section 112-150 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D54 Income tax: consolidation: what is an excluded asset under subsection 705-35(2) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D47 Income tax: consolidation: asset cost setting rules: where the cost and value of the reset cost base assets of a joining entity are so small or trifling that they are de minimis, can they be ignored when determining whether a CGT event L4 loss is available under section 104-515 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D52 Income tax: for the purposes of Division 376 of the Income Tax Assessment Act 1997, does film production expenditure include insurance premiums payable under ‘extra expense’ policies?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D53 Income tax: to what extent are freight costs included in ‘qualifying Australian production expenditure’ within the meaning of section 376-40 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D51 Income tax: is disaster relief money received from charities, to which local, state or federal government or their agencies have made payments, assessable income of taxpayers carrying on a business?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 2005/D41ER – Erratum Income tax: consolidation: capital gains: may roll-over relief under Subdivision 126-B of the Income Tax Assessment Act 1997 be available where three or more eligible tier-1 companies, without any wholly-owned subsidiaries, are restructured such that one of the eligible tier-1 companies becomes a wholly-owned subsidiary of one of the other eligible tier-1 companies and a choice to form a MEC group is made for that same day

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 2005/D40ER – Erratum Income tax: consolidation: capital gains: may roll-over relief under Subdivision 126-B of the Income Tax Assessment Act 1997 be available where two eligible tier-1 companies, without any wholly-owned subsidiaries, are restructured such that one of the eligible tier-1 companies becomes a wholly-owned subsidiary of the other eligible tier-1 company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D49 Income tax: foreign currency gains and losses: where an amount of exempt income is paid directly into a foreign currency denominated bank account, will subsection 775-35(1) of the Income Tax Assessment Act 1997 operate to disregard any forex realisation loss made on withdrawal of that amount?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D46 Income tax: consolidation: losses: can item 4 in the table in subsection 707-320(2) of the Income Tax Assessment Act 1997 apply to reduce or maintain the available fractions of bundles of losses of the ongoing head company where an application event is covered by one of the exceptions in section 719-300 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D50 Income tax: consolidation: cost setting: is a joining entity’s entitlement to claim a deduction for (or to otherwise deal with) a tax loss an asset for the purposes of section 705-35 of the Income Tax Assessment Act 1997 if: (a) the tax loss is the subject of a loss transfer agreement entered into after the joining entity became a member of the consolidated group; (b) the loss transfer takes effect prior to that time; and (c) the joining entity is not entitled to a subvention payment?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D48 Income tax: capital gains: can money paid for the purposes of the first element of cost base in subsection 110-25(2) of the Income Tax Assessment Act 1997 and reduced cost base under section 110-55 of the Income Tax Assessment Act 1997 include the amount of a liability extinguished under the doctrine of set-off?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 2000/D5W – Withdrawal Income tax: can a foreign national who enters Australia on a working holiday maker visa qualify for living-away-from-home allowance fringe benefits?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D37 (Withdrawn) Income tax: consolidation: membership: where a consolidatable group exists at the beginning of the day specified by the head company in its choice to consolidate, when does the consolidated group come into existence?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D43 Income tax: consolidation: imputation: which entity in a MEC group is responsible for meeting obligations imposed by Part 3-6 (the imputation provisions) of the Income Tax Assessment Act 1997 in relation to a frankable distribution made to members outside the group by an eligible tier-1 company in the group that is not the provisional head company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D45 Income tax: consolidation: losses: when a company that joins an existing MEC group is an eligible tier-1 company, do prior group losses of the head company of that group become subject to the loss utilisation rules in Subdivision 707-C of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D42 Income tax: consolidation: imputation: will the benchmark rule in section 203-25 of the Income Tax Assessment Act 1997 apply in a franking period to the provisional head company of a MEC consolidated group if it is a 100% subsidiary of a foreign parent company that has more than one class of membership interest on issue?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D44 Income tax: can Division 711 of the Income Tax Assessment Act 1997 apply upon an entity ceasing to be a subsidiary member of an acquired consolidated group where Subdivision 705-C of that Act operates?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D39 Income tax: consolidation: membership: when does a MEC group come into existence where a valid choice to form a MEC group is made under section 719-50 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D38 Income tax: foreign exchange: when calculating the amount of any gain or loss on disposal or redemption of a traditional security denominated in a foreign currency should the amounts relevant to the calculation be translated (converted) into Australian dollars when each of the relevant events takes place?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D28 Income tax: what do the words ‘can deduct’ mean in the context of those provisions in Division 110 of the Income Tax Assessment Act 1997 which reduce the cost base or reduced cost base of a CGT asset by amounts you ‘have deducted or can deduct’, and is there a fixed point in time when this must be determined?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 2005/D40ER – Erratum Income tax: consolidation: capital gains: may roll-over relief under Subdivision 126-B of the Income Tax Assessment Act 1997 be available where two eligible tier-1 companies, without any wholly-owned subsidiaries, are restructured such that one of the eligible tier-1 companies becomes a wholly-owned subsidiary of the other eligible tier-1 company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D40 Income tax: consolidation: capital gains: may roll-over relief under Subdivision 126-B of the Income Tax Assessment Act 1997 be available where two eligible tier-1 companies, without any wholly-owned subsidiaries, are restructured such that one of the eligible tier-1 companies becomes a wholly-owned subsidiary of the other eligible tier-1 company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D41 Income tax: consolidation: capital gains: may roll-over relief under Subdivision 126-B of the Income Tax Assessment Act 1997 be available where three or more eligible tier-1 companies, without any wholly-owned subsidiaries, are restructured such that one of the eligible tier-1 companies becomes a wholly-owned subsidiary of one of the other eligible tier-1 companies and a choice to form a MEC group is made for that same day?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D41 Income tax: consolidation: capital gains: may roll-over relief under Subdivision 126-B of the Income Tax Assessment Act 1997 be available where three or more eligible tier-1 companies, without any wholly-owned subsidiaries, are restructured such that one of the eligible tier-1 companies becomes a wholly-owned subsidiary of one of the other eligible tier-1 companies and a choice to form a MEC group is made for that same day?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D26 Income tax: can a payment to a non-resident author for the use of his or her article be a royalty for the purposes of subsection 6(1) of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D27 Income tax: consolidation: capital gains: do the core consolidation rules in Division 701 of the Income Tax Assessment Act 1997 modify the effect of the CGT contract rules if an entity contracts to sell or buy a CGT asset and the contract settles after the entity becomes, or ceases to be, a member of a consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D35 Income tax: can the head company of a consolidated group make a choice to use the ‘applicable functional currency’ under section 960-60 of the Income Tax Assessment Act 1997, where it is an Australian resident required to prepare financial reports under section 292 of the Corporations Act 2001?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D34 Income tax: if an ‘attributable taxpayer’ makes a choice under item 4 of the table in subsection 960-60(1) of Subdivision 960-D of the Income Tax Assessment Act 1997, to use the ‘applicable functional currency’, will this choice apply to its calculation of ‘attribution surplus’ under section 370 of Part X of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D36 Income tax: can a ‘small proprietary company’, not required to prepare reports under section 292 of the Corporations Act 2001, make a choice to use the ‘applicable functional currency’ under item 1 in the table in subsection 960-60(1) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D33 Income tax: is the ‘applicable functional currency’ choice relevant for the purpose of applying the Fringe Benefits Tax, Goods and Services Tax, Superannuation Guarantee Charge and Pay As You Go withholding provisions?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D32 Income tax: can an Australian incorporated subsidiary of a foreign group which records the results of its worldwide business in a foreign currency, choose to use that foreign currency as its ‘applicable functional currency’, where it prepares financial statements in Australian dollars for statutory reporting purposes?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D73W – Withdrawal Income tax: consolidation: capital gains: which entity acquires a CGT asset, and when, if a contract to acquire the asset is entered into by a subsidiary member of a consolidated group and the contract settles after the subsidiary has left the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D72W – Withdrawal Income tax: consolidation: capital gains: to which entity does a CGT event happen, and when, if a contract to sell a CGT asset entered into by an entity before it joins a consolidated group as a subsidiary member settles after joining?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D71W – Withdrawal Income tax: consolidation: capital gains: which entity acquires a CGT asset, and when, if a contract to acquire the asset is entered into by an entity before it joins a consolidated group as a subsidiary member and the contract settles after joining?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D31 Income tax: consolidation: can the gross proceeds or profit on the disposal of membership interests in a subsidiary member of a consolidated group be income?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D30 Income tax: consolidation: can the head company of a consolidated group claim a deduction under section 8-1 of the Income Tax Assessment Act 1997 for interest paid on funds borrowed from outside the group by it or a subsidiary member to buy shares in another subsidiary member of the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D29 Income tax: consolidation: can the head company of a multiple entry consolidated group claim a deduction under section 8-1 of the Income Tax Assessment Act 1997 for interest paid on funds borrowed from outside the group by it or a subsidiary member to buy shares in an existing eligible tier-1 company of the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D24 Income tax: consolidation: for the purposes of working out step 1 of a consolidated group’s exit allocable cost amount in the leaving entity under section 711-25 of the Income Tax Assessment Act 1997, is the terminating value for a CGT asset determined under Subdivision 110-A for assets that have their tax cost set under subsection 701-10(4)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D25 Income tax: consolidation: how is a consolidated group’s allocable cost amount in a leaving entity worked out under section 711-20 of the Income Tax Assessment Act 1997 in respect of an asset that is treated as if it were a CGT asset under subsection 705-30(5)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D20 Income tax: for the purposes of Division 974 of the Income Tax Assessment Act 1997, if the issuer of an interest bearing instrument can change the rate of interest that will become payable to any rate (including zero) that it chooses at its sole discretion, does the issuer have an ‘effectively non-contingent obligation’ to provide ‘financial benefits’ as interest payments from the time that a change in the interest rate could take effect?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D23 Income tax: consolidation: what is the tax cost of an asset of a leaving entity that is only recognised upon the entity ceasing to be a subsidiary member of a consolidated group when the single entity rule ceases to apply?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D22 Income tax: consolidation: what is the meaning of ‘liability owed’ in section 711-40 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D21 Income tax: consolidation: how is the tax cost of goodwill referred to in subsection 711-25(2) of the Income Tax Assessment Act 1997 identified?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D18 Income tax: is a government rebate received by a rental property owner an assessable recoupment under subsection 20-20(3) of the Income Tax Assessment Act 1997, where the owner is not carrying on a property rental business and receives the rebate for the purchase of a depreciating asset (for example an energy saving appliance) for use in the rental property?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D17 Income tax: is an employee’s deduction for the decline in value of a depreciating asset used for a taxable purpose affected by section 51AH of the Income Tax Assessment Act 1936, if they are subsequently reimbursed an amount for the cost of the asset by their employer?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D19 Income tax: consolidation exit tax cost setting rules: where an accounting liability added at subsection 711-45(1) of the Income Tax Assessment Act 1997 is modified by the operation of subsections 711-45(3) and (5), does the amount determined under subsection (5) override the adjustment made by subsection (3)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D3 Income tax: must an outgoing incurred by a supplier in deriving income from a taxable supply be apportioned when calculating the deduction allowable for the outgoing under section 8-1 of the Income Tax Assessment Act 1997, because some amount of the income relates to GST payable on a taxable supply, and is non-assessable non-exempt income?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D16 Income tax: consolidation: can the transferee make more than one choice, under subsection 707-327(4) of the Income Tax (Transitional Provisions) Act 1997, to treat a value donor’s loss as being included in another bundle of losses?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D14 Income tax: consolidation: is there an ordering rule in respect of the choices made to add modified market value to different real loss-makers from the same value donor, under multiple applications of the formula in subsection 707-325(3) of the Income Tax (Transitional Provisions) Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D15 Income tax: consolidation: can the transferee make a choice under subsection 707-327(4) of the Income Tax (Transitional Provisions) Act 1997 to treat part of a loss transferred, under Subdivision 707-A of the Income Tax Assessment Act 1997, from a value donor as being included in another bundle of losses?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D13 Income tax: in applying the formula in subsection 707-325(3) of the Income Tax (Transitional Provisions) Act 1997 to more than one real loss-maker in relation to the same value donor, does the amount that is represented by the first element of the formula, that is, the ‘Value donor’s modified market value at initial transfer time’ remain unchanged?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D6 Income tax: consolidation: membership: are the eligible tier-1 companies of a foreign-owned group required to form a single multiple entry consolidated group which includes all those eligible tier-1 companies?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D7 Income tax: consolidation: membership: can an Australian resident company qualify as an eligible tier-1 company of a MEC group if a foreign resident entity is interposed between the Australian resident company and the top company of the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D8 Income tax: consolidation: membership: can an Australian resident subsidiary which qualifies as a transitional foreign-held subsidiary or a transitional foreign-held indirect subsidiary of a consolidatable or potential MEC group under the transitional rules in Division 701C of the Income Tax (Transitional Provisions) Act 1997 remain outside the group when the group consolidates?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D9 Income tax: consolidation: cost setting: do the assets of a transitional foreign-held subsidiary retain their existing tax values on formation of a consolidated or a multiple entry consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D12 Income tax: consolidation: cost setting: are the tax costs of the assets of a transitional foreign-held indirect subsidiary which is not a chosen transitional entity set when the entity becomes a member of a consolidated or multiple entry consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D11 Income tax: consolidation: cost setting: are the tax costs of assets of a subsidiary member of a consolidated or MEC group set if some of the subsidiary member’s membership interests are directly held by entities outside the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D10 Income tax: consolidation: cost setting: if a consolidated or MEC group qualifies as a transitional group, can the head company choose to retain the existing tax values of the assets of all the subsidiary members of the group irrespective of whether or not they are transitional entities?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D5 Income tax: does section 23AG of the Income Tax Assessment Act 1936 exempt foreign earnings derived by a member of the Australian Defence Force engaged in foreign service for a continuous period of at least 91 days as part of a United Nations peace-keeping operation?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D4 Income tax: does expenditure – which is a non-capital cost of ownership of a CGT asset – form part of the cost base of the asset, if it is a tax benefit in connection with a scheme to which the general anti-avoidance rules in Part IVA of the Income Tax Assessment Act 1936 apply?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D2 Income tax: does a taxpayer in a passive investment have day to day control over the operation of an agreement for the purposes of paragraph 82KZME(3)(b) of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2005/D1 Income tax: capital gains: if there is a change in the majority underlying interests in an asset owned by an entity, does the entity’s ownership of the asset start from the change in majority underlying interests for the purpose of applying the tests in paragraphs 152-110(1)(b) and (c) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D91 Income tax: consolidation: is Australian currency, where it is taken to be foreign currency under section 960-80 of the Income Tax Assessment Act 1997 for the purposes of the functional currency provisions, treated as a retained cost base asset under the consolidation regime?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D90 Income tax: consolidation: is a unit in a cash management trust a retained cost base asset?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D89 Income tax: section 8-1 of the Income Tax Assessment Act 1997: capital protected loan facility with a call option writing feature: interest deductibility

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D88 Income tax: section 8-1 of the Income Tax Assessment Act 1997: capital protected loan facility with a trading feature: interest deductibility

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D87 Income tax: section 8-1 of the Income Tax Assessment Act 1997: capital protected loan facility with a reset feature: interest deductibility

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D86 Income tax: section 8-1 of the Income Tax Assessment Act 1997: refinancing a capital protected loan facility: interest deductibility

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D84 Income tax: does subsection 23AG(2) of the Income Tax Assessment Act 1936 apply where foreign earnings are exempt from tax in the foreign country for a reason listed in that subsection as well as a reason not listed?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D83 Income tax: does subsection 23AG(2) of the Income Tax Assessment Act 1936 apply where foreign earnings are exempt from tax in a foreign country for one or more of the reasons listed in that subsection and there is no additional reason for exempting that income?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D82 Income tax: will Part IVA of the Income Tax Assessment Act 1936 always apply if a business (including a personal services business) pays superannuation contributions that are considerably in excess of the value of the services provided by the employee?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

TD 2004/D85 (Withdrawn) – Income tax: consolidation: can the head company of a consolidated group claim a deduction, under section 8-1 or section 25-95 of the Income Tax Assessment Act 1997, for the tax cost setting amount of partly performed work which has not yet given rise to a recoverable debt?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D81 Income tax: consolidation: will a choice to consolidate under Part 3-90 of the Income Tax Assessment Act 1997 affect the method of income recognition of the consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D80 Income tax: consolidation: capital gains and losses: does a capital gain arise under CGT event C2 when the amount received in payment of a foreign currency denominated trade receivable exceeds its tax cost setting amount?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D74 Income tax: consolidation: can the head company of a consolidated group claim a deduction, following Taxation Ruling IT 333, for a consumable’s tax cost setting amount when the consumable is used, where: (a) an entity acquired the consumable before it became a subsidiary member of the consolidated group (the joining time); and (b) at the joining time, some of the consumable remained on-hand and its expenditure had not been fully deducted?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D75 Income tax: consolidation: can the head company of a consolidated group claim a deduction, under section 8-1 of the Income Tax Assessment Act 1997, for a consumable’s tax cost setting amount where: (a) an entity acquired the consumable before it became a subsidiary member of the consolidated group (the joining time); (b) the expenditure incurred in purchasing the consumable was deductible by the entity in the income year in which it was incurred; and (c) at the joining time, some or all of the consumable remained on-hand?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D77 Income tax: does a resident of a country with which Australia has a Tax Treaty, have a permanent establishment solely from the sale of trading stock through an internet website hosted by an Australian resident internet service provider?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D78 Income tax: is the income derived from a property syndicate that is structured to comply with the requirements of the managed investment scheme provisions of the Corporations Act 2001 taxable as net income of a trust estate under Division 6 of Pt III of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D79 Income tax: consolidation: does the phrase ‘could be recognised in the joining entity’s statement of financial position’ in subsection 705-90(2) of Income Tax Assessment Act 1997 refer to the application of accounting policies consistent with the established accounting framework in preparing an entity’s notional statement of financial position as at the joining time?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D14W – Withdrawal Income tax: consolidation: capital gains: is the period of ownership of an asset by a subsidiary member who brings it into the consolidated group taken into account in determining whether the head company has continuously owned the asset for the purposes of the small business 15 year exemption in Subdivision 152-B of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D71 Income tax: consolidation: capital gains: which entity acquires a CGT asset, and when, if a contract to acquire the asset is entered into by an entity before it joins a consolidated group as a subsidiary member and the contract settles after joining?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D73 Income tax: consolidation: capital gains: which entity acquires a CGT asset, and when, if a contract to acquire the asset is entered into by a subsidiary member of a consolidated group and the contract settles after the subsidiary has left the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D72 Income tax: consolidation: capital gains: to which entity does a CGT event happen, and when, if a contract to sell a CGT asset entered into by an entity before it joins a consolidated group as a subsidiary member settles after joining?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D68 Income tax: consolidation: capital gains: does an entity permanently lose its status as an ‘originating company’, in respect of a deferral event in subsection 170-255(1) of the Income Tax Assessment Act 1997, when the entity becomes a subsidiary member of a consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D69 Income tax: consolidation: capital gains: does the deregistration of a subsidiary member of a consolidated group cause a ‘new event’ to happen under paragraph 170-275(1)(a) of the Income Tax Assessment Act 1997 if, before it joined that group, a transfer of shares in the subsidiary was a ‘deferral event’ under section 170-255 and group’s head company is the ‘originating company’ for the deferral event?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D70 Income tax: consolidation: capital gains: can the exemption in section 152-125 of the Income Tax Assessment Act 1997 apply to a payment made by the head company of a consolidated group to a CGT concession stakeholder of the head company in respect of a capital gain made on the disposal of an asset legally owned by a subsidiary member of the group for which the head company obtained the small business 15 year exemption?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D67 Income tax: consolidation: capital gains: if an entity makes a capital gain prior to becoming a subsidiary member of a consolidated group, can it choose to apply the small business replacement asset roll-over under Subdivision 152-E of the Income Tax Assessment Act 1997 if it acquires a replacement asset after it has joined the consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D65 Income tax: If a shareholder borrows from a private company under a clause in the company’s constitution setting out the terms on which such loans are to be made, is there a ‘written agreement’ for the purposes of paragraph 109N(1)(a) of Division 7A of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D66 Income tax: are payments to a volunteer respite carer to cover expenses of providing respite care for a disabled person assessable income?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D64 Income tax: consolidation: does the continuing majority-owned entity test in subsections 701A-1(1) and 701A-1(2) of the Income Tax (Transitional Provisions) Act 1997 require tracing through interposed entities to the ultimate beneficial owners to determine whether there has been a change in the majority ownership of an entity during the period from 27 June 2002 until the entity becomes a subsidiary member of a consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D63 Income tax: consolidation: if a transitional group has a non-chosen subsidiary in which all membership interests of the head company are held indirectly through a chosen transitional entity, and the non-chosen subsidiary has accrued profits, can an adjustment arise under section 705-160 of the Income Tax Assessment Act 1997 when working out the head company adjusted allocable amount under section 701-20 of the Income Tax (Transitional Provisions) Act 1997 for another non-chosen subsidiary?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D62 Income tax: consolidation: can an amount be included in the step 1 amount as well as the step 2 amount of the allocable cost amount calculation in section 705-60 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D61 Income tax: consolidation: can section 705-80 of the Income Tax Assessment Act 1997 apply to a liability (or a change in a liability) that is recognised for accounting purposes because of an event that occurred after the joining time that provides new evidence of conditions that existed at the joining time?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D59 Income tax: consolidation: is there any apportionment under section 707-335 of the Income Tax Assessment Act 1997 to the limits calculated under subsection 707-350(3) of the Income Tax (Transitional Provisions) Act 1997 regarding the utilisation of losses?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D60 Income tax: consolidation: does the phrase ‘is taken into account at a later time’ in paragraph 705-80(1)(a) of the Income Tax Assessment Act 1997 require that an accounting liability, or a change in the amount of an accounting liability, of a joining entity that is first recognised after the joining time be examined when determining whether or not section 705-80 of that Act applies?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D58 Income tax: consolidation: where the head company and a chosen transitional entity in a consolidated group hold separate membership interests in a non-chosen subsidiary, how does the group calculate the allocable cost amount for the non-chosen subsidiary?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D57 Income tax: consolidation: life insurance: do sections 705-75 and 705-80 of the Income Tax Assessment Act 1997 apply to a policy liability that has been valued under section 713-520 for the purposes of working out step 2 of the allocable cost amount for a joining entity that is a life insurance company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D56 Income tax: consolidation: is an adjustment under section 705-160 of the Income Tax Assessment Act 1997 required where the relevant membership interests are in a chosen transitional entity with losses?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D50 Income tax: consolidation: can the head company of a transitional group make a capital loss under section 104-500 (CGT event L1) of the Income Tax Assessment Act 1997 in respect of a chosen transitional entity?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D55 Income tax: consolidation: general insurance: do subsections 705-75(1) and 705-80(1) of the Income Tax Assessment Act 1997 apply to any part of an accounting liability for outstanding claims for the purposes of working out step 2 of the allocable cost amount for a joining entity that is a general insurance company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D54 Income tax: for the condition outlined in subsection 707-328(4) of the Income Tax (Transitional Provisions) Act 1997, are Subdivisions 170-A and 170-B of the Income Tax Assessment Act 1997 applied as if they had not been amended by Schedule 3 to Act 68 of 2002, to only provide for loss transfers involving an Australian branch of a foreign bank?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D53 Income tax: consolidation: Division 7A: if a private company, as a member of a consolidated group, makes a payment, a loan or forgives a debt to a shareholder (or shareholder’s associate), that is also a member of the consolidated group, does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 prevent the application of Division 7A of the Income Tax Assessment Act 1936 to the transaction?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D52 Income tax: consolidation: Division 7A: if a private company that is a head company or subsidiary member of a consolidated group makes a payment or a loan, or forgives a debt to a shareholder (or shareholder’s associate) external to the consolidated group, does the single entity rule apply to the calculation of the distributable surplus under section 109Y of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D51 Income tax: consolidation: when calculating step 2 of the allocable cost amount for a joining entity, do section 705-75 or 705-80 of the Income Tax Assessment Act 1997 apply to a liability covered by subsection 705-70(2)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D44 Income tax: what amount of deduction is available under section 40-25 of the Income Tax Assessment Act 1997 for the decline in value of copyright in patient records in respect of arrangements similar to those described in Taxpayer Alert 2004/5?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D49 Income tax: consolidation: can a head company of a consolidated group satisfy paragraph 25-35(1)(b) of the Income Tax Assessment Act 1997 for money lent by an entity in the ordinary course of its business of lending money where the entity joins the consolidated group and the debt is later written off as bad?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D48 Income tax: consolidation: are the voting interests in a foreign company held by a subsidiary member of a consolidated group treated as being voting interests of the head company of the group when determining whether section 23AJ of the Income Tax Assessment Act 1936 applies to a dividend paid to the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D47 Income tax: can Division 16E of Part III of the Income Tax Assessment Act 1936 apply to a head company of a consolidated group where an intra-group income stream is assigned by a member of the group to a non-member?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D46 Income tax: can Division 16E of Part III of the Income Tax Assessment Act 1936 apply to a head company of a consolidated group where the principal of an intra-group loan is assigned by a member of the group to a non-member?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D45 Income tax: can the assignment of an intra-group debt or income stream to an entity that is not a member of the consolidated group give rise to a debt interest for the head company of the group under Division 974 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D43 Income tax: consolidation: general insurance: are accounting liabilities for unearned premiums adjusted under subsections 705-75(1) and 705-80(1) of the Income Tax Assessment Act 1997 for the purposes of working out the allocable cost amount for a joining entity that is a general insurance company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D21 Income tax: consolidation: capital gains: does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 mean that section 124-784 does not apply to the consolidated group in relation to shares issued by a subsidiary member to the head company under a scrip for scrip arrangement?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D42 Income tax: consolidation and capital gains tax: Does CGT event A1 in section 104-10 of the Income Tax Assessment Act 1997 happen to the head company of a consolidated group when a subsidiary member transfers a licence, granted to it by another member, to a non-group entity for no capital proceeds

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D39 Income tax: consolidation tax cost setting rules: are taxed profits considered before untaxed profits when determining which profits are included in the step 3 (subsection 705-90(3)) amount?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D38 Income tax: consolidation tax cost setting rules: step 3 of the allocable cost amount: should tax losses or net capital losses transferred to a joining entity be taken into account when determining whether an amount should be excluded at paragraph 705-90(6)(b)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D37 Income tax: consolidation tax cost setting rules: step 4 of the allocable cost amount: should tax losses or net capital losses transferred to a joining entity be taken into account when determining whether there will be a subtraction at subparagraph 705-95(b)(ii)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D36 Income tax: consolidation tax cost setting rules: how do you work out the amount subtracted at step 5 of the allocable cost amount where the loss taken into account under subsection 705-100(1) may also reduce the step 3 amount?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D35 Income tax: consolidation tax cost setting rules: should distributions of profits accrued to the joined group that recoup losses accrued to the group be counted when determining the step 4 amount of the allocable cost amount on formation of a transitional consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D41 Income tax: consolidation: is regard taken of intra-group money lending transactions or dealings in determining if the head company of a consolidated group is carrying on business as a money lender?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D34 Income tax: consolidation tax cost setting rules: will an amount be subtracted under step 4 of the allocable cost amount under subparagraph 705-95(b)(ii) of the Income Tax Assessment Act 1997 where there has been a distribution of profits accrued to the joined group that recouped losses accrued to the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D33 Income tax: consolidation tax cost setting rules: step 3 of the allocable cost amount (ACA): how do you work out the paragraph 705-90(6)(b) amount where only some of the undistributed profits have recouped losses prior to the joining time?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D32 Income tax: consolidation tax cost setting rules: step 3 of the allocable cost amount: is the ‘retained profits’ amount referred to in subsection 705-90(2) a cumulative retained profits balance?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D31 Income tax: consolidation tax cost setting rules: should profits that accrue to a consolidated group be counted under step 3 of the allocable cost amount where those profits recouped non-economic losses that accrued to the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D30 Income tax: consolidation tax cost setting rules: Are distributions paid up a chain of entities sourced from profits in a lower-tier entity that did not accrue to the joined group added at step 3 of the entry allocable cost amount (ACA) of the higher-tier entity?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D29 Income tax: consolidation: capital gains: does the determination of a capital gain or loss under section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 require a full reconstruction of the allocable cost amount at the joining time in relation to the relevant liability?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D28 Income tax: consolidation: capital gains: does section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 only apply to a liability that an entity has when it joins a consolidated group and the entity has an allocable cost amount worked out for it?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D26 Income tax: consolidation: capital gains: does section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 apply to amounts of a liability that accrue after the time that the entity with the liability joins a consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D27 Income tax: consolidation: capital gains: does section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 apply to the later discharge of a liability owed by an entity that joins a consolidated group to a member of that group (intra-group liability)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D24 Income tax: consolidation: capital gains: does section 104-40 (CGT event D2) of the Income Tax Assessment Act 1997 apply to the head company of a consolidated group where an option is granted within the consolidated group and subsequently transferred to a third party?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D23 Income tax: consolidation: capital gains: does a CGT event happen to the head company of a consolidated group if a debt is created within the consolidated group and subsequently transferred to a third party?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D19 Income tax: consolidation: capital gains: does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 apply in determining whether the consequences in Subdivision 125-C apply to the head company of a consolidated group where one or more subsidiary members hold ownership interests in an entity outside the group that is being demerged?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D18 Income tax: consolidation: capital gains: for the purposes of Subdivision 125-C of the Income Tax Assessment Act 1997, can the head company of a consolidated group meet the requirements of a demerging entity in subsection 125-70(7) where, under a demerger, the shares held in a subsidiary member of a group are transferred to the head company’s shareholders?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D16 Income tax: consolidation: capital gains: if a subsidiary member of a consolidated group sells an asset which is taken for income tax purposes to have been disposed of by the head company, is the controlling individual condition in paragraphs 152-110(1)(c) or 152-305(2)(b) of the Income Tax Assessment Act 1997 applied to the head company of the consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D14 Income tax: consolidation: capital gains: is the period of ownership of an asset by a subsidiary member who brings it into the consolidated group taken into account in determining whether the head company has continuously owned the asset for the purposes of the small business 15 year exemption in Subdivision 152-B of the Income Tax Assessment Act 1997 ?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D12 Income tax: consolidation: capital gains: does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 affect the application of CGT event I1 in section 104-160 if a company which is a subsidiary member of a consolidated group stops being an Australian resident?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D22 Income tax: does paragraph 251L(1)(b) of the Income Tax Assessment Act 1936 prevent persons other than registered tax agents from giving advice about a taxation law?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D20 Income tax: consolidation: capital gains: if a subsidiary member of a consolidated group acquires shares in a non-consolidated company (original company) under a scrip-for-scrip arrangement, is the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 relevant in determining the eligibility for rollover of shareholders in the original company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D17 Income tax: consolidation: capital gains: does the single entity rule in section 701-1 of the Income Tax Assessment Act 1997 affect the application of the controlling individual test in paragraph 152-10(2)(a) when a CGT event happens to a share or trust interest that is a membership interest in a subsidiary member (company or trust) of a consolidated group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D15 Income tax: consolidation: capital gains: does the transfer of an asset between members of a consolidated group affect the ownership period of the head company for the purposes of applying the small business 15 year exemption in Subdivision 152-B of the Income Tax Assessment Act 1997 ?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D13 Income tax: consolidation: capital gains: for the purposes of the capital gains tax rules in Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997, is the head company of a consolidated group taken to have acquired an asset, which a subsidiary member brings to the group, at the same time that the subsidiary member acquired it?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D11 Income tax: consolidation: capital gains: if membership interests in a subsidiary member of a consolidated group are sold to a purchaser outside the group under a contract made while the subsidiary was a member of the group, does CGT event A1 in section 104-10 of the Income Tax Assessment Act 1997 happen when the contract was made?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D10 Income tax: consolidation: capital gains: does CGT event A1 in section 104-10 of the Income Tax Assessment Act 1997 happen to the head company of a consolidated group if an asset is sold by a subsidiary member to an entity outside the group?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D17W – Withdrawal Income tax: capital gains: if you dispose of pre-CGT shares in a company and CGT event K6 in section 104-230 of the Income Tax Assessment Act 1997 happens, how do you calculate your capital gain?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D19W – Withdrawal Income tax: capital gains: for a capital gain you make on CGT event K6 happening in relation to pre-CGT shares you own in a company: (a) are you entitled to the general CGT discount in Division 115; and (b) are you entitled to the small business relief in Division 152?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D18W – Withdrawal Income tax: capital gains: does a company in which you own pre-CGT shares need to have acquired property at least 12 months before CGT event K6 (about pre-CGT shares and trust interests) in section 104-230 of the Income Tax Assessment Act 1997 happens for you to be able to index the cost base of the property?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D16W – Withdrawal Income tax: capital gains: if CGT event K6 happens in relation to pre-CGT shares you own in a company, what property do you refer to in calculating your capital gain under subsection 104-230(6) of the Income Tax Assessment Act 1997 ?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D15W – Withdrawal Income tax: capital gains: what is meant by the expression ‘property referred to in subsection (2)’ as used in subsection 104-230(6) of the Income Tax Assessment Act 1997 ?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D14W – Withdrawal Income tax: capital gains: in working out the ‘net value’ of a company or trust for the purposes of subsection 104-230(2) of the Income Tax Assessment Act 1997, does the word ‘assets’ in the definition of ‘net value’, for an entity, in subsection 995-1(1) include: (a) assets, capital gains and capital losses from which are disregarded for capital gains purposes; (b) trading stock; and (c) ‘off-balance sheet’ assets, and does the word ‘liabilities’ include contingent liabilities?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D13W – Withdrawal Income tax: capital gains: for the ‘net value’ test in subsection 104-230(2) of the Income Tax Assessment Act 1997 to be satisfied, are the requirements of paragraphs 104-230(2)(a) and 104-230(2)(b) mutually exclusive?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D9 Income tax: is a deduction available in respect of capital expenditure incurred after 30 June 2001 in obtaining or in seeking to obtain the grant or extension of the term of a patent, the registration or extension of the registration period of a design, or the registration of a copyright under section 68A of the Income Tax Assessment Act 1936 or Division 40 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D7 Income tax: can section 79D of the Income Tax Assessment Act 1936 operate to limit deductions available under Division 10B or Division 10BA of Part III of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D8 Income tax: Does expenditure on the acquisition of financial securities satisfy the ‘expended directly’ requirement of Division 10BA of Part III of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D6 Income tax: Does the payment of a ‘commercial debt’ by a guarantor, pursuant to a pre-existing guarantee, constitute forgiveness of the debt under section 245-35 of Schedule 2C of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D5 Income tax: Where a fringe benefits tax liability is deductible to a taxpayer under section 8-1 of the Income Tax Assessment Act 1997, is a later refund or reduction of that liability, as a result of an amended fringe benefits assessment, an assessable recoupment for the purposes of subsection 20-20(3) that must be included in the taxpayer’s assessable income under subsection 20-35(1)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D4 Income tax: Where the Commissioner makes or amends a fringe benefits tax assessment for a fringe benefits tax year, when does the taxpayer incur an outgoing for the purposes of section 8-1 of the Income Tax Assessment Act 1997 for the fringe benefits tax assessed?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D3 Income tax: capital gains: are input tax credits excluded from a CGT asset’s cost base and reduced cost base worked out under sections 110-25 and 110-55 of the Income Tax Assessment Act 1997 and from other equivalent amounts used in working out a capital gain or loss?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D2 Income tax: is there a deemed assessment under section 166A of the Income Tax Assessment Act 1936 when a company lodges a ‘non-taxable return’ for a year of income?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D1 Income tax: For Off-Market Share Buy-Backs of listed shares, whether the buy-back price is set by tender process or not, what is the market value of the share for the purposes of subsection 159GZZZQ(2) of the Income Tax Assessment Act 1936?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 93/D263 Income tax: capital gains: does the principal residence exemption apply to the amount received for the granting of an easement or profits à prendre over land adjacent to a dwelling?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D23W – Withdrawal Income tax: Can the amount of a company’s preliminary unrealised net loss in step 4 of section 165-115E of Subdivision 165-CC of the Income Tax Assessment Act 1997 be determined using a market valuation of the company’s CGT assets en globo ?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 94/D47W – Withdrawal Income tax: can a life assurance company claim a deduction or loss for Agency Development Loans it has written off?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D16 Income tax: Is a taxpayer entitled to an income tax deduction for purported partnership losses claimed to have been incurred as a result of entering a prepaid service warrant arrangement as described in Taxpayer Alert 2002/5?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D13 Income tax: what is the method for reducing the capital value of a superannuation pension for reasonable benefit limit (RBL) purposes under subsection 140ZP(3) of the Income Tax Assessment Act 1936 (ITAA 1936) when a superannuation pension is split pursuant to an agreement or court order on marriage breakdown?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D14 Income tax: what is the deductible amount under section 27H of the Income Tax Assessment Act 1936 (ITAA 1936) for a superannuation pension that is taken to have commenced when a superannuation pension is split pursuant to an agreement or court order on marriage breakdown?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2002/D14W – Withdrawal Income tax: what is the deductible amount under section 27H of the Income Tax Assessment Act 1936 (ITAA 1936) of a superannuation pension that is taken to have commenced when a superannuation pension is split pursuant to an agreement or court order on marriage breakdown?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 93/D230 Income tax: where a taxpayer acquires standing or growing crops and the crops remain unharvested at the end of the year, should they be accounted for as trading stock on hand?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 2001/22 Income tax: Is salary paid to a German resident employed as an assistant teacher in an Australian school exempt income?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 93/D269W – Withdrawal Income tax: substantiation: are there circumstances in which the Commissioner will accept a copy of the document where the taxpayer needs to retain the original?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 2001/13 Income tax: capital gains: for the purpose of the expression ‘acquired the share’ in paragraph 110-55(7)(b) of the Income Tax Assessment Act 1997 (‘the 1997 act’) does acquired include a case where you are taken to have acquired the share for an acquisition cost equal to its market value?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 96/D4W – Withdrawal Income tax: capital gains: how does Division 19B of Part IIIA of the Income Tax Assessment Act 1936 apply to a share value shifting arrangement involving a share value shift from shares held by a person to shares held by an associate which is matched by a corresponding value shift from the associate’s shares to that person’s shares?.

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D23 Income tax: can the amount of a company’s preliminary unrealised net loss in step 4 of section 165-115E of Subdivision 165-CC of the Income Tax Assessment Act 1997 be determined using a market valuation of the company’s CGT assets en globo?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D21 Income tax: Interest Withholding Tax Exemption – for the purposes of subsection 128F(5) of the Income Tax Assessment Act 1936 , when will a company be taken to have the requisite knowledge or suspicion that the debenture or an interest in the debenture was being, or would later be, acquired by an associate?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D20 Income tax: capital gains: can CGT event G3 in section 104-145 of the Income Tax Assessment Act 1997 happen – allowing a shareholder to crystallise a capital loss on their shares in a company – if a liquidator declares that they expect to make a distribution during the winding-up of the company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D18 Income tax: capital gains: does a company in which you own pre-CGT shares need to have acquired property at least 12 months before CGT event K6 (about pre-CGT shares and trust interests) in section 104-230 of the Income Tax Assessment Act 1997 happens for you to be able to index the cost base of the property?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D17 Income tax: capital gains: if you dispose of pre-CGT shares in a company and CGT event K6 in section 104-230 of the Income Tax Assessment Act 1997 happens, how do you calculate your capital gain?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D16 Income tax: capital gains: if CGT event K6 happens in relation to pre-CGT shares you own in a company, what property do you refer to in calculating your capital gain under subsection 104-230(6) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D15 Income tax: capital gains: what is meant by the expression ‘property referred to in subsection (2)’ as used in subsection 104-230(6) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D14 Income tax: capital gains: in working out the ‘net value’ of a company or trust for the purposes of subsection 104-230(2) of the Income Tax Assessment Act 1997 , does the word ‘assets’ in the definition of ‘net value’, for an entity, in subsection 995-1(1) include (a) assets, capital gains and capital losses from which are disregarded for capital gains purposes; (b) trading stock; and (c) ‘off-balance sheet’ assets

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D19 Income tax: capital gains: for a capital gain you make on CGT event K6 happening in relation to pre-CGT shares you own in a company: (a) are you entitled to the general CGT discount in Division 115; and (b) are you entitled to the small business relief in Division 152?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D13 Income tax: capital gains: for the ‘net value’ test in subsection 104-230(2) of the Income Tax Assessment Act 1997 to be satisfied, are the requirements of paragraphs 104-230(2)(a) and 104-230(2)(b) mutually exclusive?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D11 Income tax: capital gains: scrip for scrip roll-over: can a company (or a wholly-owned group of companies) ‘become’ the owner of 80% or more of the voting shares in another company (an original entity), in terms of paragraph 124-780(2)(a) of the Income Tax Assessment Act 1997, as a result of an arrangement even if the company (or group) owned some of those shares before the arrangement?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D12 Income tax: capital gains: scrip for scrip roll-over: can a company ‘increase’ the percentage of voting shares that it owns in another company (an original entity), in terms of subparagraph 124-780(2)(a)(ii) of the Income Tax Assessment Act 1997, as a result of an arrangement if it owned no shares in that company before the arrangement?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D10 Income tax: Can a taxpayer that uses 13 four weekly accounting periods or 12 accounting periods, some of four weeks and others of five weeks, calculate their PAYG instalment amount for an instalment quarter having regard to their normal accounting periods?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D35W – Withdrawal Income tax: how are assets to be valued in determining the balance of a member’s account in a superannuation fund that provides an allocated pension? .

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D9 Income tax: value of goods taken from stock for private use

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D8 Income tax: will the Commissioner exercise his discretion under subsection 27H(3) of the Income Tax Assessment Act 1936 (ITAA 1936) to determine a deductible amount (representing the undeducted purchase price) for old age, widows, widowers and orphans pensions paid under the Netherlands Social Insurance system?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D7 Income tax: what is the method of calculating the capital value of purchased pensions not payable for life for the purposes of the reasonable benefit limits (RBLs)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D6 Income tax: what is the method for valuing fixed term defined benefit pensions for the purposes of the reasonable benefit limits (RBLs)?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D5 Income tax: can a foreign national who enters Australia on a working holiday maker visa qualify for living-away-from-home allowance fringe benefits?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D4 Income tax: Where a private company beneficiary of a trust estate is taken to have made a loan under section 109UB of the Income Tax Assessment Act 1936 because of a loan made by the trustee to a shareholder of the private company or shareholder’s associate, are repayments made in relation to the trustee’s loan taken into account in determining whether the private company is taken to have paid a dividend under section 109D?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D3 Income tax: Can a private company be taken to pay a dividend to another company pursuant to s 109C or s 109D of the Income Tax Assessment Act 1936 where the company is the target entity under an interposed entity arrangement?.

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D2 Income tax: are partners entitled to a deduction under section 8-1 for interest on borrowings to pay personal income tax?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D1 Income tax: is a prescribed fee paid by a person to the Industrial Registrar in lieu of an annual subscription to a trade union or employee association an allowable deduction under section 8-1 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D103 Income tax: is Macau covered by the Australia-China Double Taxation Agreement on or after 20 December 1999?.

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Taxation Determination TD 1999/77 Income tax: capital gains: is the Commonwealth or a State or Territory an entity for the purposes of Event Number D1 (about an entity creating contractual or other rights in you) in subsection 109-5(2) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D102 (Withdrawn) Income tax: are certificate holders under the infrastructure borrowings provisions of the Development Allowance Authority Act 1992 required to continue to lodge annual reports?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D101 (Withdrawn) Income tax: do variations to, or transfers of, projects pre-qualified for the development allowance have to be approved by the Development Allowance Authority?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D98 Income tax: capital gains: if: · you acquire land and a dwelling (dwelling A) on or after 20 September 1985 which you use as your main residence and do not use for income producing purposes; and · you subdivide the land into 2 blocks and build another dwelling (dwelling B) on the subdivided vacant land and this dwelling becomes your main residence; and · you choose to apply section 118-150 of the Income Tax Assessment Act 1997 (about building, repairing or renovating a dwelling) for dwelling B; and · you sell dwellings A and B; are you entitled to the full main residence exemption in Subdivision 118-B for both dwellings?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D100 Income tax: capital gains: what is meant by the phrase ‘to the extent that’ in subsection 118-120(1) of the Income Tax Assessment Act 1997 where it refers to ‘land that is adjacent to a dwelling … to the extent that you used the land primarily for private or domestic purposes in association with the dwelling as if it were a dwelling?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D99 Income tax: capital gains: in what circumstances does subsection 118-150(5) of the Income Tax Assessment Act 1997 modify the start of the period in paragraph 118-150(4)(b) for which you choose under subsection 118-150(2) to apply the main residence exemption in Subdivision 118-B?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D97 Income tax: capital gains: if: · you acquire land and a dwelling (dwelling A) on or after 20 September 1985 which you use as your main residence and do not use for income producing purposes; and · you subdivide the land into 2 blocks and build another dwelling (dwelling B) on the subdivided vacant land and this dwelling becomes your main residence; and · you choose not to apply section 118-150 of the Income Tax Assessment Act 1997 (about building, repairing or renovating a dwelling) for dwelling B; and · you sell dwellings A and B; are you entitled to the full main residence exemption in Subdivision 118-B for both dwellings?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2000/D22 Income tax: Can a taxpayer calculate their Pay As You Go (PAYG) instalment amount for an instalment quarter having regard to their commercial accounting periods if they have changed the day on which their tax period ends under section 27-35 of A New Tax System (Goods and Services Tax Act ) 1999?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D96 Income tax: capital gains: in what circumstances does the expression ‘proceeds cannot be valued’ in paragraph 116-30(2)(a) of the Income Tax Assessment Act 1997 (market value substitution rule) apply?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D95 Income tax: capital gains: if a trust becomes a resident trust when is it taken to have acquired its CGT assets? If a trust stops being a resident trust, when does CGT event I2 in section 104-170 of the Income Tax Assessment Act 1997 happen?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D94 Income tax: capital gains: can you acquire a contractual or other legal or equitable right even though there may be no tax consequences for the entity creating the right?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D93 Income tax: capital gains: is a court an entity for the purposes of CGT event D1 (about creating contractual or other legal or equitable rights in you) in sections 104-35 and section 109-5 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D91 Income tax: capital gains: does the expression ‘loss or destruction’ for the purposes of CGT event C1 in section 104-20 of the Income Tax Assessment Act 1997 apply to: a) a voluntary ‘loss’ or ‘destruction’? b) intangible assets?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D92 Income tax: capital gains: does CGT event D1 in section 104-35 of the Income Tax Assessment Act 1997 happen if you receive money or property for withdrawing an objection against a proposed land development?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D90 Income tax: capital gains: for the purposes of CGT event B1, what is meant by the expression ‘at the end of an agreement’ in section 104-15 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D88 Income tax: capital gains: does the word ‘expiring’ in paragraph 104-25(1)(c) and the expression ‘expiry of a CGT asset’ in subparagraph 116-30(3)(a)(i) of the Income Tax Assessment Act 1997 include voluntary terminations?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D79 Income tax: capital gains: if a CGT asset is transferred by agreement between spouses and a court order later sanctions its transfer, was the original transfer of the asset made ‘because of’ the court order in terms of section 126-5 or 126-15 for roll-over to apply?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D72 Income tax: capital gains: is there roll-over under section 126-5 or 126-15 of the Income Tax Assessment Act 1997 if a CGT event happens because of a maintenance agreement registered under section 86 of the Family Law Act 1975?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D74 Income tax: capital gains: if a court makes an order under the Family Law Act 1975 declaring or altering a spouse’s interest in property, do CGT events happen to CGT assets of the spouse for the purpose of section 126-5 or 126-15 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D78 Income tax: capital gains: does a CGT event happen for the purposes of section 126-5 or 126-15 of the Income Tax Assessment Act 1997 because of a court order, if the order directs: (a) a transfer of non-specific matrimonial property; or (b) a transfer of specific CGT assets?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D77 Income tax: capital gains: if a court order in the context of Subdivision 126-A of the Income Tax Assessment Act 1997 varies or sets aside an earlier order of the court, does the later court order operate retrospectively or prospectively?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D75 Income tax: capital gains: is roll-over under sections 126-5 and 126-15 of the Income Tax Assessment Act 1997 dependent on there being a marriage breakdown between the spouses?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D76 Income tax: capital gains: does the expression ‘a court order’ in sections 126-5 and 126-15 of the Income Tax Assessment Act 1997 encompass an original order and any later order made by a court varying or cancelling an earlier order of the court?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D80 Income tax: capital gains: is there roll-over under section 126-5 or 126-15 of the Income Tax Assessment Act 1997 if a CGT asset is transferred in accordance with the terms of a court order under the Family Law Act 1975 but after the time limit specified in the court order?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D73 Income tax: capital gains: is there roll-over under section 126-5 or 126-15 of the Income Tax Assessment Act 1997 if a CGT event happens because of a court order under the Family Law Act 1975 made by consent?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D87 Income tax: capital gains: is the expression ‘a State law, Territory law or foreign law relating to de facto marriage breakdowns’ in paragraphs 126-5(1)(c) and 126-15(1)(c) of the Income Tax Assessment Act 1997 restricted to State, Territory or foreign legislation?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D85 Income tax: capital gains: do the record keeping requirements of Division 121 of the Income Tax Assessment Act 1997 apply to both the transferor and transferee of a CGT asset to which the marriage breakdown roll-over provisions in Subdivision 126-A apply?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D86 Income tax: capital gains: if the requirements of section 126-5 or 126-15 of the Income Tax Assessment Act 1997 are satisfied, is the marriage breakdown roll-over provided by the section automatic?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D84 Income tax: capital gains: if section 126-15 of the Income Tax Assessment Act 1997 applies to a CGT event that has happened involving a company or a trustee, can expenses incurred by both spouses to the marriage breakdown form part of the cost base of a CGT asset?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D83 Income tax: capital gains: if marriage breakdown roll-over applies to a transfer of a CGT asset between spouses, what expenses of the transferor become the first element of the transferee’s cost base of the asset under paragraph 126-5(5)(a) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D82 Income tax: capital gains: if a CGT asset acquired on or after 20 September 1985 is transferred by one spouse to another because of a court order under the Family Law Act 1975, when is the asset acquired under Division 109 of the Income Tax Assessment Act 1997 by the transferee?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D81 Income tax: capital gains: if a CGT asset other than one specified in a court order under the Family Law Act 1975 is transferred between spouses, is the asset transferred ‘because of’ the court order for the purposes of section 126-5 or 126-15 of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 2004/D76 Income tax: for the purposes of Division 974 of the Income Tax Assessment Act 1997, does an issuing company have an effectively non-contingent obligation to provide a financial benefit by way of periodic interest returns on an interest bearing convertible note from the time that it can be converted at the issuing company’s option into ordinary shares in that company?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D67 Income tax: capital gains: is the interest of a default beneficiary in a discretionary trust an interest to which section 104-70 of the Income Tax Assessment Act 1997 applies?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D69 Income tax: capital gains: can property or a right that does not have a ‘market value’ be a CGT asset?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D71 Income tax: capital gains: is a capital gain or capital loss made from an antique car or a vintage car disregarded?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D64 Income tax: are officers of military cadets entitled to deductions for expenses incurred in the performance of their duties?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D66 Income tax: capital gains: if you own an interest in a CGT asset and you acquire another interest in that asset, do the interests remain separate CGT assets or do they merge into a single asset?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D70 Income tax: capital gains: can property or a right that does not have a ‘market value’ be a CGT asset?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D68 Income tax: capital gains: does a unit holder have an interest in the property of a unit trust for capital gains purposes?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D65 Income tax: capital gains: if Australian currency facilitates a CGT event happening to a CGT asset, how is the Australian currency treated for capital gains purposes?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D49 Income tax: capital gains: what are the CGT consequences for a shareholder if a company converts its shares into a larger or smaller number of shares?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D63 Income tax: capital gains: if you receive compensation for the compulsory acquisition of part of a CGT asset that you own, how do you treat the compensation to the extent that it is attributable to the reduction in value of the remainder of your asset?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More

Draft Taxation Determination TD 1999/D61 Income tax: capital gains: what constitutes ‘a reasonable time’ for the purposes of subsection 124-75(4) of the Income Tax Assessment Act 1997?

This area is for member access only. To become a member, please visit our Easy As Plans & Pricing     
Read More
1 2 3

EASY AS TAX FINDER

CROUCH | TOUCH | PAUSE | ENGAGE

Easy As Tax Finder aims to make your ATO Public Tax Rulings and State and Territory Tax Rulings search as easy as possible. Coupled with our monthly recorded Tax webinar program delivered by highly trained tax professionals and tax practitioners – Easy As Tax Finder keeps you on top of Tax – all in one easy to access platform, at your fingertips 24/7.

CONTACT US

02 8249 8105
info@easyastaxfinder.com.au
Level 12, 95 Pitt Street, Sydney, NSW 2000, Australia
© Copyright 2020 - EasyAsTaxFinder - All Rights Reserved
Powered By :  Tight 5 Solutions
Developed By :  Consult 2 Manage
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram
Send this to a friend