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?

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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?

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Taxation Determination TD 94/D54 TD 94/D54W – Withdrawal Income tax: are rural producers entitled to a deduction under section 73B of the Income Tax Assessment Act (the Act) for levies imposed on their produce to fund research and development (R & D) administered by the R & D Corporations as developed by the Department of Primary Industries and Energy?

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Taxation Determination TD 94/D22 TD 94/D22W – Withdrawal Income tax: is any part of a second loan obtained by an eligible company to pay out loans used to finance expenditure on research and development activities (deductible under section 73B of the Income Tax Assessment Act 1936) assessable income of the company?

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Draft Taxation Determination TD 94/D115W – Withdrawal Income tax: where an account for trading stock provides for a discount which can be paid in cash, accumulated in an account or transferred to an affiliated person, persons or company, and the full purchase price is paid, can the retailer claim a deduction for the full purchase price?

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Draft Taxation Determination TD 94/D60W – Withdrawal Income tax: property development: a property developer purchases land with the intention of disposing of an existing building and redeveloping the site by constructing strata titled shops and offices for sale. How is the disposal of the building ‘treated’ for taxation purposes?

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Taxation Determination TD 94/D44 TD 94/D44W – Withdrawal Income tax: does subsection 70B(4) operate to reduce the amount of a deduction under subsection 70B(2) for a loss on the disposal of a traditional security where the disposal occurs as a result of the liquidation of the issuer of the security?v

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Taxation Determination TD 94/D40 TD 94/D40W – Withdrawal Do the exclusions outlined in paragraphs (e), (f) and (g) of the definition of ‘permanent establishment’ in subsection 6(1) of the Income Tax Assessment Act 1936 override the general test of a place at or through which a person carries on a business?

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Taxation Determination TD 94/D45 TD 94/D45W – Withdrawal Income tax: where an election is made to override the deduction limitation provisions of sections 122DG, 122JE or 124ADG, (a) Does the election apply to the whole of the allowable capital expenditure incurred during the year of income to which the election relates, or all deductions allowable that year, under the relevant provisions of Division 10 Subdivisions A or B or Division 10AA, in respect of allowable capital expenditure? (b) Can an election be made in regard to amounts disallowed as excess deductions under subsections 122DG(6), 122JE(5) and 124ADG(6), but deemed to be allowable deductions under subsections 122DG(2), 122JE(1) and 124ADG(2) by the operation of subsections 122DG(7), 122JE(9) and 124ADG(7) respectively?

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Draft Taxation Determination TD 94/D17W – Notice of Withdrawal Income tax: is a taxpayer who is an employee and receives an overtime meal allowance pursuant to an industrial instrument, required to substantiate a claim for overtime meal expenses, if the claim exceeds the amount of the allowance received during the year of income?

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Draft Taxation Determination TD 94/D107W – Withdrawal Property development: If a property developer borrows money to purchase trading stock, under what section of the Income Tax Assessment Act 1936 is the cost of borrowing that money an allowable deduction?

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Draft Taxation Determination TD 94/D88W – Withdrawal Are gifts to approved funds deductible under subsection 78(4) or subsection 78(5) of the Income Tax Assessment Act 1936 if the donor receives a material benefit in return?

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Draft Taxation Determination TD 94/D80W – Withdrawal Substantiation: Can a taxpayer change the amount of an unsubstantiated claim for a transport expense which is in excess of the award transport allowance back to the award amount during the course of an audit?

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Draft Taxation Determination TD 94/D75W – Withdrawal Will the new definition of the term ‘undeducted purchase price’ include any other component besides undeducted contributions, where the relevant pension or annuity has been purchased on or after 1 July 1994 using the residual capital value of an earlier pension or annuity?

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Draft Taxation Determination TD 94/D76W – Withdrawal Will the former definition of the term ‘undeducted purchase price’ that applies to payments made before 1 July 1994, cover any replacement pension or annuity purchased on or after 1 July 1994 using the rolled over residual capital value of a pension or annuity that commenced prior to that date?

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Taxation Determination TD 94/D31 TD 94/D31W – Withdrawal Fringe benefits tax and Income tax: For the purposes of the Fringe Benefits Tax Assessment Act 1986 (FBTAA), what facts and circumstances will indicate that a benefit is provided in respect of a person’s employment, where that person is both a shareholder and employee of a private company?

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Taxation Determination TD 94/D7 TD 94/D7W – Withdrawal What is the treatment of expenditure incurred by a mining company on the removal of overburden in open-cut mining?

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Draft Taxation Determination TD 94/D77W – Withdrawal Are the costs of establishing fruit and nut trees to be used in a business of primary production deductible, where the costs are incurred to plant initially or extend an orchard or plantation?

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Draft Taxation Determination TD 94/D74W – Withdrawal Is a salaried newsreader who presents new bulletins on television or radio a ‘performer’ for the purposes of Division 16A of the Income Tax Assessment Act 1936 (the Act)?

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Taxation Determination TD 94/D23 TD 94/D23W – Withdrawal Is a prototype pilot plant for the purposes of the research and development (R&D) provisions of the Income Tax Assessment Act 1936?

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Draft Taxation Determination TD 94/D64W – Withdrawal Fringe benefits tax: where a car park operator charges different rates for all-day car parking, which rate is relevant in determining the taxable value of a car parking fringe benefit under section 39C of the Fringe Benefits Tax Assessment Act 1986 ?

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Taxation Determination TD 94/D43 TD 94/D43W – Withdrawal Under an employee share acquisition scheme, fully paid shares with restrictions are allotted to a trustee to be held on behalf of an employee. Prior to the removal of restrictions the employee receives a redundancy package which includes an ex-gratia payment representing the value of shares held by the trustee on the employee’s behalf. How is the ex-gratia payment to be taxed?

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Taxation Determination TD 94/D33 TD 94/D33W – Withdrawal Fringe Benefits Tax: Where an employer provides a taxi to an employee for travel to or from work, when is the provision of the taxi considered to be infrequent or irregular for the purposes of subparagraph 58P(1)(f)(i) of the Fringe Benefits Tax Assessment Act 1986 ?

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Taxation Determination TD 94/D30 TD 94/D30W – Withdrawal Is there a deemed assessment under subsection 166A of the Income Tax Assessment Act 1936 when a company furnishes a return for a year of income specifying that its taxable income is nil?

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Taxation Determination TD 94/D32 TD 94/D32W – Withdrawal Fringe Benefits Tax: When an employer pays the membership subscription to an airline business lounge on behalf of an employee, is the benefit provided an exclusive employee expense payment benefit under paragraph 24(1)(e) of the Fringe Benefits Tax Assessment Act 1986 ?

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Draft Taxation Determination TD 94/D68W – Withdrawal Can subsection 36A(2) of the Income Tax Assessment Act 1936 apply to ascribe a value, other than market value, on the transfer to a discretionary trust of trading stock, standing or growing crops, crop stools or trees which have been planted and tended for the purpose of sale?

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Draft Taxation Determination TD 94/D43 Income tax: under an employee share acquisition scheme, fully paid shares with restrictions are allotted to a trustee to be held on behalf of an employee. Prior to the removal of the restrictions the employee receives a redundancy package which includes an ex-gratia payment representing the value of shares held by the trustee on the employee’s behalf.

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Draft Taxation Determination TD 94/D46W – Withdrawal Income tax: are the expenses, including remuneration, of an administrator subject to the Commissioner’s priority under section 221P of the Income Tax Assessment Act 1936 ?

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Draft Taxation Determination TD 94/D112 Income tax: capital gains: how does Part IIIA of the Income Tax Assessment Act 1936 operate where all or part of a liquidator’s final distribution is deemed to be a subsection 47(1) dividend and assessed as income under subsection 44(1)?

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Draft Taxation Determination TD 94/D113 Income tax: capital gains: how is the ‘exempt’ component of a capital gain that arises on the disposal of goodwill treated when distributed to shareholders by a liquidator in the course of winding up a company?

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Draft Taxation Determination TD 94/D114 Income tax: capital gains: if all or part of the final distribution by a liquidator in the course of winding up a company is assessable to a shareholder as a dividend which is franked*, is any capital gain accruing to the shareholder on the disposal of the shares reduced under subsection 160ZA(4) by the imputation credit included in assessable income by section 160AQT?

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Draft Taxation Determination TD 94/D115 Income tax: where an account for trading stock provides for a discount which can be paid in cash, accumulated in an account or transferred to an affiliated person, persons or company, and the full purchase price is paid, can the retailer claim a deduction for the full purchase price?

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Draft Taxation Determination TD 94/D116 Fringe benefits tax: if an employee (or an associate of an employee) receives an incentive award from a product promotion, will the award always be a fringe benefit provided under an ‘arrangement’ between the employer and the provider?

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Draft Taxation Determination TD 94/D109 Income tax: what is the significance of the Archer Brothers principle in the context of liquidation distributions?

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Draft Taxation Determination TD 94/D110 Income tax: capital gains: does the exclusion of capital losses in subparagraph 47(1A)(b)(ii) of the Income Tax Assessment Act 1936 (the Act) affect the application of the Archer Brothers principle*?

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Draft Taxation Determination TD 94/D111 Income tax: capital gains: how should interim and final liquidation distributions received by shareholders be treated for CGT purposes?

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Draft Taxation Determination TD 94/D106 Income tax: does the interest paid by an employee on a loan to purchase a motor vehicle used for income-producing purposes continue to be an allowable deduction under subsection 51(1) of the Income Tax Assessment Act 1936 after disposal of the vehicle?

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Draft Taxation Determination TD 94/D107 Income tax: property development: if a property developer borrows money to purchase trading stock, under what section of the Income Tax Assessment Act 1936 is the cost of borrowing that money an allowable deduction?

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Draft Taxation Determination TD 94/D108 Income tax: should a pharmacist return income amounts payable under the Pharmaceutical Benefit Scheme (PBS) on an accrual basis?

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Draft Taxation Determination TD 94/D90W – Withdrawal Income tax: rebates for dependants: do losses of previous years reduce the separate net income of a dependant for the purposes of calculating a rebate under the provisions of section 159J of the Income Tax Assessment Act 1936?

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Draft Taxation Determination TD 94/D104 Income tax: capital gains: if there is more than one increased value share in a share value shift, can the formulas in Division 19B of Part IIIA of the Income Tax Assessment Act 1936 be applied to just one of the increased value shares?

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Draft Taxation Determination TD 94/D105 Income tax: capital gains: when is an option, that is deemed by paragraph 160ZZC(12)(a) of the Income Tax Assessment Act 1936 to have been granted, disposed of in terms of paragraph 160ZZC(3)(a)?

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Draft Taxation Determination TD 94/D103 Income tax: are fees paid for obtaining investment advice an allowable deduction under subsection 51(1) of the Income Tax Assessment Act 1936 for taxpayers who are not carrying on an investment business?

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Draft Taxation Determination TD 94/D62W Income tax: what is the correct income tax treatment in an individual tax return for an amount paid by a partnership as a salary to an individual partner?

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Draft Taxation Determination TD 94/D102 Income tax: is a hearse a unit of property for the purposes of section 57AF of the Income Tax Assessment Act 1936 (the Act) and therefore subject to the limit on cost price for depreciation?

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Draft Taxation Determination TD 94/D101 Income tax: how is the amount accrued by the formula in Division 16E adjusted to reflect amounts paid during an accrual period?

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Draft Taxation Determination TD 94/D100 Income tax: can the value of an annuity contract be amortised over the effective life of the annuity and the amortisation expense deducted from the annuity income when calculating the separate net income of a dependant under section 159J of the Income Tax Assessment Act 1936?

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Draft Taxation Determination TD 94/D96 Income tax: capital gains: when should an increase be made under subsection 160ZP(14) of the Income Tax Assessment Act 1936 to the cost base, indexed cost base or reduced cost base of shares or debt held in a group company into which a net capital loss is transferred?

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Draft Taxation Determination TD 94/D97 Income tax: capital gains: does subsection 160M(12) of the Income Tax Assessment Act 1936 prevent a taxpayer from making an election under subsection 160ZZQ(11A) in respect of a sole or principal residence (SPR) that the taxpayer owned before becoming a resident of Australia?

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Draft Taxation Determination TD 94/D98 Income tax: capital gains: can an election made for the purposes of subsection 160ZZQ(11) of the Income Tax Assessment Act 1936 cover more than one period of absence from a taxpayer’s sole or principal residence (SPR)?

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Draft Taxation Determination TD 94/D99 Income tax: capital gains: if an election made for the purposes of subsection 160ZZQ(11) of the Income Tax Assessment Act 1936 covers more than one period of absence, is the six year period referred to in subparagraph 160ZZQ(11)(d)(iii) available in relation to each period of absence?

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Draft Taxation Determination TD 94/D94 Fringe benefits tax: what does the phrase ‘customary for employers in the industry’ mean in relation to the provision of fringe benefits to employees?

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Draft Taxation Determination TD 94/D95 Fringe benefits tax: in what circumstances will an employer be liable to fringe benefits tax (FBT) for benefits provided to volunteer workers?

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Draft Taxation Determination TD 94/D93 Fringe benefits tax: can the exemption for ‘fly-in fly-out’ transport in subsection 47(7) of the Fringe Benefits Tax Assessment Act 1986 apply, where the employees take a rest day during their time at the work site?

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Draft Taxation Determination TD 94/D88 Income tax: are gifts to approved funds deductible under subsection 78(4) or subsection 78(5) of the Income Tax Assessment Act 1936 if the donor receives a material benefit in return?

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Draft Taxation Determination TD 94/D89 Fringe benefits tax: if employees work at remote construction sites in circumstances where the ‘fly-in fly-out’ transport is an exempt benefit under subsection 47(7) of the Fringe Benefits Tax Assessment Act 1986, are the meals and accommodation provided at the sites subject to fringe benefits tax?

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Draft Taxation Determination TD 94/D90 Income tax: rebates for dependants: do losses of previous years reduce the separate net income of a dependant for the purposes of calculating a rebate under the provisions of section 159J of the Income Tax Assessment Act 1936?

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Draft Taxation Determination TD 94/D91 Income tax: capital gains: is a capital loss available under

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Draft Taxation Determination TD 94/D92 Income tax: capital gains: in what year of income is a taxpayer required for tax purposes to include a capital gain or loss in relation to land disposed of under a contract which is made in one year of income, but which is settled in a later year of income?

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Draft Taxation Determination TD 94/D86 Income tax: are second schedule charges incurred by a motor vehicle dealer, upon the acquisition from the manufacturer/importer of a new vehicle, components of cost price for the purposes of calculating the value of that vehicle in terms of subsection 31(1) of the Income Tax Assessment Act 1936 (the Act)?

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Draft Taxation Determination TD 94/D87 Fringe benefits tax: is accommodation in a ship, vessel or floating structure accepted as ‘residential accommodation’ for the purposes of the ‘fly-in fly-out’ transport exemption in subsection 47(7) of the Fringe Benefits Tax Assessment Act 1986?

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Draft Taxation Determination TD 94/D85 Income tax: can subsection 51(2A) of the Income Tax Assessment Act 1936 (the Act) operate to defer a tax deduction, available to a retail motor vehicle dealer, for second schedule charges incurred when acquiring new vehicle trading stock?

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Draft Taxation Determination TD 94/D82 Income tax: does section 26AH of the Income Tax Assessment Act 1936 apply when investment options are switched under an eligible policy?

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Draft Taxation Determination TD 94/D83 Income tax: can research and development expenditure incurred by a business be deductible under subsection 51(1) of the Income Tax Assessment Act 1936 (the Act)?

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Draft Taxation Determination TD 94/D84 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?

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Draft Taxation Determination TD 94/D80 Income Tax: substantiation: can a taxpayer change the amount of an unsubstantiated claim for a transport expense which is in excess of the award transport allowance back to the award amount during the course of an audit?

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Draft Taxation Determination TD 94/D81 Income tax: capital gains: what are the CGT consequences for a shareholder if a company subdivides (‘splits’) or consolidates its share capital?

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Draft Taxation Determination TD 94/D78 Fringe benefits tax: can practice companies to which Taxation Ruling IT 2503 applies, provide fringe benefits to employees?

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Draft Taxation Determination TD 94/D79 Income tax: does passing of title in a motor vehicle to an insurance company, in consideration for an amount paid on settlement of an insurance claim, constitute a ‘disposal’ and a ‘sale’ for the purposes of section 26AAB of the Income Tax Assessment Act 1936 ?

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Draft Taxation Determination TD 94/D73 Income tax: is the cost of travelling to a recognised professional tax adviser for the preparation of a taxpayer’s tax return, an allowable deduction under section 69 of the Income Tax Assessment Act 1936 ?

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Draft Taxation Determination TD 94/D74 Income tax: is a salaried newsreader who presents news bulletins on television or radio a ‘performer’ for the purposes of Division 16A of the Income Tax Assessment Act 1936 (the Act)?

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Draft Taxation Determination TD 94/D75 Income tax: will the new definition of the term ‘undeducted purchase price’ include any other component besides undeducted contributions, where the relevant pension or annuity has been purchased on or after 1 July 1994 using the residual capital value of an earlier pension or annuity?

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Draft Taxation Determination TD 94/D76 Income tax: will the former definition of the term ‘undeducted purchase price’ that applies to payments made before 1 July 1994, cover any replacement pension or annuity purchased on or after 1 July 1994 using the rolled over residual capital value of a pension or annuity that commenced prior to that date?

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Draft Taxation Determination TD 94/D77 Income tax: are the costs of establishing fruit and nut trees to be used in a business of primary production deductible, where the costs are incurred to plant initially or extend an orchard or plantation?

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Draft Taxation Determination TD 94/D72 Fringe benefits tax: where an employer purchases a car free of sales tax, or leases a car which has been purchased by the lessor free of sales tax, how is the sales tax amount determined for the purposes of the statutory formula method of calculating car fringe benefits?

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Draft Taxation Determination TD 94/D71 Income tax: property development: where the estimated profits method of recognising income from long term construction contracts (Income Tax Ruling 2450) is adopted, how is an estimated ‘ultimate loss’ arising under a contract to be recognised?

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Draft Taxation Determination TD 94/D69 Income tax: are (i) late lodgment fees scheduled in the Corporations (Fees) Regulations; and (ii) penalties for offences contained in the Corporations Regulations, considered to be ‘penalties’ within the meaning of subsection 51(4) of the Income Tax Assessment Act 1936 ?

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Draft Taxation Determination TD 94/D70 Income tax: if a taxpayer wants to roll-over some or all of an eligible termination payment (ETP) to a roll-over fund after 30 June 1994, does the payer have to pay the amount directly to the roll-over fund for it to be an effective roll-over for the purposes of subsection 27A(13) of the Income Tax Assessment Act 1936 ?

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Draft Taxation Determination TD 94/D67 Income tax: property development: who is a ‘qualified person’ to make an estimate of the actual cost of construction of a building for the purposes of Division 10D of the Income Tax Assessment Act 1936 ?

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Draft Taxation Determination TD 94/D68 Income tax: can subsection 36A(2) of the Income Tax Assessment Act 1936 apply to ascribe a value, other than market value, on the transfer to a discretionary trust of trading stock, standing or growing crops, crop stools or trees which have been planted and tended for the purpose of sale?

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Draft Taxation Determination TD 94/D65 Income tax and fringe benefits tax: will a non-cash business benefit and a taxable fringe benefit both arise if a low or interest free loan is made by a life assurance company to an insurance agency and then on-lent to an agency employee (or an associate of an employee) who uses the loan monies for private purposes?

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Draft Taxation Determination TD 94/D66 Fringe benefits tax: will the taxable value of a loan fringe benefit be reduced by premiums on a life assurance policy held by an insurance agent where that policy is required to be held as a condition to the granting of the loan?

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Draft Taxation Determination TD 94/D64 Fringe benefits tax: where a car park operator charges different rates for all-day car parking, which rate is relevant in determining the taxable value of a car parking fringe benefit under section 39C of the Fringe Benefits Tax Assessment Act 1986 ?

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Draft Taxation Determination TD 94/D56 Income tax: is an investor who borrows to fund the purchase price of an infrastructure bond, entitled to a deduction under subsection 51(1) of the Income Tax Assessment Act 1936 for any interest incurred by him or her for that purpose?

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Draft Taxation Determination TD 94/D57 Income tax: where a person provides ‘consultancy services’ as an employee of an interposed entity (such as a non-arm’s length company, trust or partnership), are travel expenses incurred by the person in travelling between his or her place of residence and a place where the person performs the services deductible?

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Draft Taxation Determination TD 94/D58 Fringe benefits tax: is the taxable value of a loan fringe benefit calculated only for those periods in the year of tax during which the interest rate on the loan was below the statutory interest rate?

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Draft Taxation Determination TD 94/D59 Fringe benefits tax: can the making of a loan to an employee be an exempt benefit under subsections 17(1) or 17(2) of the Fringe Benefits Tax Assessment Act 1986 where the employee is entitled to, or subsequently does, receive a reduced interest rate not available to members of the public?

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Draft Taxation Determination TD 94/D60 Income tax: property development: a property developer purchases land with the intention of disposing of an existing building and redeveloping the site by constructing strata titled shops and offices for sale. How is the disposal of the building ‘treated’ for taxation purposes?

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Draft Taxation Determination TD 94/D61 Income tax: property development: if land originally acquired and used as a farm, is later ventured into a business of subdivision, development and sale, how is the market value of the land calculated at the time it is ventured into the business?

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Draft Taxation Determination TD 94/D62 Income tax: what is the correct income tax treatment in an individual tax return for an amount paid by a partnership as a salary to an individual partner?

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Draft Taxation Determination TD 94/D63 Income tax: capital gains: if a statutory licensee disposes of a statutory licence by way of the expiry, loss or destruction of the licence, does subsection 160ZD(2) of the Income Tax Assessment Act 1936 deem the licensee to have received the market value of the licence?

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Draft Taxation Determination TD 94/D55 Income tax: where an ‘infrastructure facility’ is constructed or acquired by an unincorporated joint venture which is not a general law partnership, what is the nature of each joint venture participant’s interest in that property as to ‘ownership’, ‘use’ and ‘effective control of the use’ thereof for the purposes of paragraph 159GZZZZB(1)(a) of the Income Tax Assessment Act 1936 ?

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Draft Taxation Determination TD 94/D42 Income tax: will a lessor be entitled to claim the investment allowance if it has entered into a lease agreement prior to 1 July 1994, and the lease agreement is treated as a purchase order?

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Draft Taxation Determination TD 94/D48 Income tax: is the cost of subscriptions to representative associations paid by pensioners or self funded retirees an allowable deduction under subsection 51(1) of the Income Tax Assessment Act 1936 (the Act)?

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Draft Taxation Determination TD 94/D49 Income tax: is a trauma insurance policy issued by a life company an accident or disability policy for the purposes of Division 8 of the Income Tax Assessment Act 1936 (the Act)?

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Draft Taxation Determination TD 94/D51 Income tax: is a premium payable on a trauma insurance policy by a self employed person or an employee an allowable deduction to the self employed person or employee?

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Draft Taxation Determination TD 94/D52 Income tax: can a premium paid by an employer on a trauma insurance policy in respect of employee be an allowable deduction to the employer?

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Draft Taxation Determination TD 94/D53 Income tax: is a benefit payable under a trauma insurance policy which is beneficially owned by that person exempt from capital gains tax under section 160ZB of the Income Tax Assessment Act 1936 (the Act)?

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Draft Taxation Determination TD 94/D54 Income tax: are rural producers entitled to a deduction under section 73B of the Income Tax Assessment Act (the Act) for levies imposed on their produce to fund research and development (R & D) administered by the R & D Corporations as developed by the Department of Primary Industries and Energy?

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Draft Taxation Determination TD 94/D47 Income tax: can a life assurance company claim a deduction or loss for Agency Development Loans it has written off?

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Draft Taxation Determination TD 94/D50 Income tax: is the premium payable on a trauma insurance policy, sold with a life assurance policy rider, assessable income of a life company?

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Draft Taxation Determination TD 94/D46 Income tax: are the expenses, including remuneration, of an administrator subject to the Commissioner’s priority under section 221P of the Income Tax Assessment Act 1936 (ITAA)?

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Draft Taxation Determination TD 94/D44 Income tax: does subsection 70B(4) operate to reduce the amount of a deduction under subsection 70B(2) for a loss on the disposal of a traditional security where the disposal occurs as a result of the liquidation of the issuer of the security?

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Draft Taxation Determination TD 94/D45 Income tax: where an election is made to override the deduction limitation provisions of sections 122DG, 122JE or 124ADG, (a) does the election apply to · the whole of the allowable capital expenditure incurred during the year of income to which the election relates, or · all deductions allowable in that year, under the relevant provisions of Division 10 Subdivisions A or B or Division 10AA, in respect of allowable capital expenditure? (b) can an election be made in regard to amounts disallowed as excess deductions under subsections 122DG(6), 122JE(5) and 124ADG(6), but deemed to be allowable deductions under subsections 122DG(2), 122JE(1) and 124ADG(2) by the operation of subsections 122DG(7), 122JE(9) and 124ADG(7) respectively?

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Draft Taxation Determination TD 94/D41 Income tax: are bar shouts and in-house competition prizes of cash and liquor, supplied by hoteliers to encourage patronage, allowable deductions, and if so, what documentation is acceptable to support the amount claimed?

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Draft Taxation Determination TD 94/D39 (Withdrawn) Income tax: are payments made to bank employees as an incentive to accept employer initiated transfers assessable income?

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Draft Taxation Determination TD 94/D40 Income tax: do the exclusions outlined in paragraphs (e), (f) and (g) of the definition of ‘permanent establishment’ in subsection 6(1) of the Income Tax Assessment Act 1936 override the general test of a place at or through which a person carries on a business?

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Draft Taxation Determination TD 94/D35 (Withdrawn) Income tax: is interest deductible to a unit holder on borrowed funds used to acquire units in a trust where the distribution received includes amounts which are not assessable income?

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Draft Taxation Determination TD 94/D36 Income tax: when calculating separate net income for the purposes of the spouse rebate under section 159J of the Income Tax Assessment Act 1936 – (a) can the cost of work related child care or travel be taken into account? (b) do the substantiation rules apply?

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Draft Taxation Determination TD 94/D37 Income tax: what should an actuary take into account in certifying, for the purposes of subsection 112C(1), that the assets of a life insurance company’s permanent establishments in foreign countries are not excessive in relation to liabilities referable to policies issued in the course of carrying on those permanent establishments?

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Draft Taxation Determination TD 94/D38 Income tax: may the material contained in the 1985, or earlier, ATO Assessing Handbooks be relied on as correctly stating current ATO interpretation, policy or practice in respect of the Income Tax Assessment Act 1936?

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Draft Taxation Determination TD 94/D34 Income tax: when does providing an item of property constitute the provision of entertainment within the meaning of subsection 51AE(3) of the Income Tax Assessment Act 1936?

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Draft Taxation Determination TD 94/D30 Income tax: is there a deemed assessment under subsection 166A(1) of the Income Tax Assessment Act 1936 when a company furnishes a return for a year of income specifying that its taxable income is nil?

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Draft Taxation Determination TD 94/D31 Fringe benefits tax and income tax: for the purposes of the Fringe Benefits Tax Assessment Act 1986 (FBTAA), what facts or circumstances will indicate that a benefit is provided in respect of a person’s employment, where that person is both a shareholder and employee of a private company?

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Draft Taxation Determination TD 94/D32 Fringe benefits tax: when an employer pays the membership subscription to an airline business lounge on behalf of an employee, is the benefit provided an exclusive employee expense payment benefit under paragraph 24(1)(e) of the Fringe Benefits Tax Assessment Act 1986?

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Draft Taxation Determination TD 94/D33 Fringe benefits tax: where an employer provides a taxi to an employee for travel to or from work, when is the provision of the taxi considered to be infrequent or irregular for the purposes of subparagraph 58P(1)(f)(i) of the Fringe Benefits Tax Assessment Act 1986?

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Draft Taxation Determination TD 94/D27 (Withdrawn) Income tax: where a taxpayer obtains financial advice on the selection of an approved deposit fund (ADF) into which superannuation benefits should be rolled over, is the cost of obtaining the advice an allowable deduction under subsection 51(1) of the Income Tax Assessment Act 1936 (‘the Act’)?

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Draft Taxation Determination TD 94/D28 Income tax: foreign income: can a controlled foreign company (CFC) obtain the benefit of the trading stock exemption under section 521 of the Income Tax Assessment Act 1936 (‘the Act’)?

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Draft Taxation Determination TD 94/D29 Income tax: who can claim a deduction, under subsection 69(1), for the tax related expense of a trust?

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Draft Taxation Determination TD 94/D25 (Withdrawn) Income tax: foreign income: can a controlled foreign company (CFC) obtain the benefit of the trading stock exemption under section 521 of the Income Tax Assessment Act 1936 (the ‘Act’) ?v

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Draft Taxation Determination TD 94/D26 Fringe benefits tax: will a car parking benefit arise under section 39A of the Fringe Benefits Tax Assessment Act 1986 where a car dealer provides a car from the car yard to employees for travel to or from work?

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Draft Taxation Determination TD 94/D20 Income tax: when should a Diesel Fuel Rebate paid under the Australian Government Diesel Fuel Rebate Scheme be treated as derived for income tax purposes?v

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Draft Taxation Determination TD 94/D21 Income tax: does ‘expenditure on research and development activities’ include expenditure on core technology?

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Draft Taxation Determination TD 94/D22 Income tax: is any part of a second loan obtained by a company to pay out loans used to finance expenditure on research and development activities (deductible under section 73B of the Income Tax Assessment Act 1936 (the Act)) assessable income of the company?

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Draft Taxation Determination TD 94/D23 Income tax: is a prototype pilot plant for the purposes of the Research and Development (R&D) provisions of the Income Tax Assessment Act 1936?

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Draft Taxation Determination TD 94/D24 Income tax: life assurance: are any of the premiums paid by an employer under a ‘split purpose’ insurance arrangement an allowable deduction?

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Draft Taxation Determination TD 94/D19 Income tax: if the trustee of a unit trust is ‘the owner’ of a ‘unit of industrial property’ (UIP) under Division 10B of Part III of the Income Tax Assessment Act 1936, is a unit holder in that trust entitled to a deduction under Division 10B in respect of that UIP?

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Draft Taxation Determination TD 94/D16 Income tax: how does the time threshold in the substantial equipment provision of the permanent establishment article of the Australia-Spain Double Taxation Agreement (“the DTA”) operate?

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Draft Taxation Determination TD 94/D17 Income tax: is a taxpayer who is an employee and receives an overtime meal allowance pursuant to an industrial instrument, required to substantiate a claim for overtime meal expenses, if the claim exceeds the amount of the allowance received during the year of income?

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Draft Taxation Determination TD 94/D18 Income tax: can a taxpayer who jointly acquires and uses an item of eligible property for which a general investment allowance deduction is allowable, claim a portion of the deduction?

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Draft Taxation Determination TD 94/D12 Fringe benefits tax: are meals supplied to crew members on trawlers subject to fringe benefits tax?

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Draft Taxation Determination TD 94/D13 Income tax: if a person and his/her family die at the same time, and an eligible termination payment (ETP) is paid after the death of the person to the trustee of the estate of the person, could the deceased person’s family be considered to have benefitted from the person’s estate for the purpose of applying subsection 27A(4) of the Income Tax Assessment Act 1936?

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Draft Taxation Determination TD 94/D14 Income tax: how does the receipt of a share of the net income or loss from a partnership affect the calculation of the rebate for personal superannuation contributions under section 159SZ of the Income Tax Assessment Act 1936?

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Draft Taxation Determination TD 1994/D15 Fringe benefits tax: where an employer provides entertainment to both employees and non-employees, what is an acceptable method of determining the portion applicable to the employees for the purposes of the Fringe Benefits Tax Assessment Act 1986 (the Act)?

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Draft Taxation Determination TD 94/D10 (Withdrawn) Income tax: can an apprentice claim a deduction for the full cost of tools of trade in the year of purchase?

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Draft Taxation Determination TD 94/D11 Income tax: what types of protective clothing and footwear are shearers entitled to deduct as work-related expenses under subsection 51(1)?

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Draft Taxation Determination TD 94/D9 Income tax: is the income earned by a philatelic (stamp collecting) society exempt from income tax?

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Draft Taxation Determination TD 94/D7 Income tax: what is the treatment of expenditure incurred by a mining company on the removal of overburden in open-cut mining?

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Draft Taxation Determination TD 94/D8 Fringe Benefits Tax: will the liability for employers to pay fringe benefits tax (FBT) on meals provided to employees in an ‘in-house dining facility’ change as a result of the repeal of section 64 of the Fringe Benefits Tax Assessment Act 1936 (FBTAA)?

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Draft Taxation Determination TD 94/D6 Income tax: what is an appropriate treatment for funds that have been raised under an infrastructure borrowing, but which are not immediately used?

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Draft Taxation Determination TD 94/D5 Income tax: can funds be raised through an infrastructure borrowing before expenditure is contractually required to be made for the construction of an infrastructure facility, or the construction or acquisition of a related facility?

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Draft Taxation Determination TD 94/D4 Income tax: when does the 10 year exemption period commence in relation to direct or indirect infrastructure borrowings under Division 16L of Part III of the Income Tax Assessment Act 1936 ?

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Draft Taxation Determination TD 94/D3 Income tax: are legal fees and other professional fees incurred in relation to the construction of an infrastructure facility able to be financed by infrastructure borrowings under section 159GZZZZA of the Income Tax Assessment Act 1936 ?

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Draft Taxation Determination TD 94/D2 Income tax: can convertible notes qualify as infrastructure borrowings under Division 16L of Part III of the Income Tax Assessment Act 1936 ?

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Draft Taxation Determination TD 94/D1 Income tax: Where a taxi driver travels between his/her principal place of residence and the collection point of a taxi, are the costs of travel deductible?

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