| TIES number |
Date registered |
Issue description |
Current status |
Comments |
| 0008/2008
|
26/11/2008
|
Where a refund is due in relation to income tax and there is a delay of 30 days or more on making the refund the Tax Office will pay interest. This is not the case with Fringe Benefits Tax instalments where a refund is due. The two refunds should be treated in the same manner.
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue, however because of complexity, the outcome may be protracted.
|
| 0021/2008
|
11/12/2008
|
Under subsection 98(1) of the Income Tax Assessment Act 1936 foreign source capital gains distributed to temporary residents via trusts are inappropriately subject to Australian tax and the temporary resident cannot obtain a refund of the tax.
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
| 0022/2008
|
12/12/2008
|
Problem with small business GST instalments in relation to large one-off capital purchases putting them into a negative GST position for the year, where they would normally be in a net GST refund position, based on normal business operations.
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue, however because of complexity, the outcome may be protracted.
|
| 0003/2009
|
9/02/2009
|
The tax consolidation exit calculation in relation to the service receivables of an exiting entity is not operating correctly.
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
| 0005/2009
|
10/02/2009
|
Anomaly in the heading of section 713-265 of the Income Tax Assessment Act 1997 that relates to a partner leaving a group.
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
| 0017/2009
|
10/03/2009
|
Definition of 'Securities' in the GST regulations is out of date as it refers to the Corporations Law which has been replaced by the Corporations Act 2001.
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
| 0037/2009
|
8/05/2009
|
The new definition of 'complying superannuation/FHSA liabilities' does not provide a bridge to include pre-1 July 2007 policies which were purchased with eligible termination payments.
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
| 0052/2009
|
2/11/2009
|
An application for Tax File Number be accompanied by 'documentary' evidence.
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue, however because of complexity, the outcome may be protracted.
|
| 0056/2009
|
19/11/2009
|
CGT legislation (sect 118-150(4) of the Income Tax Act Assessment Act 1997 & the purchase of land
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
| 0057/2009
|
25/11/2009
|
Reference to 'virtual PST' assets within the Income Tax Assessment Act 1997
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
| 0059/2009
|
10/12/2009
|
Eligibility of Trusts to Capital Gains Tax concessions
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
| 0002/2010
|
4/02/2010
|
Capital Gains Tax - Assets held for 15 years may not be able to access the 15 year CGT rule due to losses occuring outside the assets that may be sold as part of their retirement.
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
| 0006/2010
|
16/03/2010
|
Exit of a subsidiary from a tax consolidated group and the reverse Allocable Cost Amount ("ACA").Reverse ACA is calculated (Section 711 ITAA). There is no modification to the cost setting rules for finance leases entered into after formation of a tax consolidated group at Step 4.
|
Preliminary Assessment in Progress
|
|
| 0007/2010
|
1/04/2010
|
When a liquidator is appointed to a company and makes a distribution in specie of a capital asset to the company's shareholders, a capital gain will arise under CGT event A1 and the distribution (or a portion of it) will be a frankable distribution.
|
Preliminary Assessment in Progress
|
|
| 0010/2010
|
17/06/2010
|
The tax consolidation provisions and in particular section 719-5 of the Income Tax Assessment Act 1997
|
Preliminary Assessment in Progress
|
|
| 0012/2010
|
12/07/2010
|
Income Tax Assessment Act 1997 Section 53-10 refers to subsection 315(2) of the Income and Corporations Tax Act 1988 (ICTA 1988) of the United Kingdom which has been repealed.
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
| 0013/2010
|
28/07/2010
|
Tax Laws Amendment (2010 GST Administration Measures No 2) Act 2010 removed the requirement for approval by the Commissioner. It seems that some sections still embody that concept but were not amended.
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
| 0014/2010
|
24/08/2010
|
Section 153-50 of A New Tax System (Goods and Services Tax) Act 1999 was recently amended to replace the references to 'agent' with references to 'intermediary'. A reference to 'agent' has been retained in sub-section 153-50(1)(d)(i), which seems inconsistent with the general tenor of the amendment
|
In scope
|
Treasury is considering the legislative measures that would be required to address this issue.
|
