Date posted: 20/05/2024

2024 ATO advice and guidance

List of rulings, determinations, legislative instruments, practical compliance guidelines and other items released by the Australian Taxation Office (ATO) since 1 January 2024 (excluding class rulings and product rulings).

Guidance released the week ended 17 May 2024

PS LA 2000/2 - An exemption for the trustees of some trust estates from the requirement to furnish a tax return on behalf of the trust estate.
PS LA 2015/2 - Time limits for trustee assessments.
PS LA 2016/5 - The disclosure of information and documents collected by the Registrar of the Australian Business Register.

Taxation Determinations

TD 2024/1 - Fringe benefits tax: what are the rates to be applied on a cents per kilometre basis for calculating the taxable value of a fringe benefit arising from the private use of a motor vehicle other than a car for the fringe benefits tax year commencing 1 April 2024?

TD 2024/2 - 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 fringe benefits tax year commencing 1 April 2024.

GSTD 2024/1 - Goods and services tax: supplies of combination food - provides the Commissioner’s view on the meaning of ‘food that is a combination of one or more foods’ for the purposes of paragraph 38-3(1)(c) of A New Tax System - Goods and Services Tax Act 1999 following the Administrative Appeals Tribunal decision in Chobani Pty Ltd and Commissioner of Taxation [2023] AATA 1664. 

Practical Compliance Guidelines

PCG 2018/4 - Update - Income tax - liability of a legal personal representative of a deceased person - The revised Guideline updates the requirements for legal personal representatives of less complex deceased estates to finalise those estates before the review period expires without concern that they may have to fund an outstanding tax-related liability of the deceased person from their own assets.

PCG 2024/1 – Intangibles migration arrangements – This Guideline explains when we are likely to apply resources to consider the potential application of the general anti-avoidance rules or the transfer pricing rules to cross-border related party Intangibles Migration Arrangements with respect to structuring issues and tax risks associated with the migration of intangible assets, and the mischaracterisation and non-recognition of Australian activities connected with intangible assets.

PCG 2024/2 - Electric vehicle home charging rate - calculating electricity costs when a vehicle is charged at an employee's or individual's home – the PCG sets out the methodology that has been developed to calculate the cost of electricity when an electric car is charged at an employee’s or an individual’s home. Taxpayers may choose to use the methodology outlined in this Guideline on a year-by-year basis.

Practice Statements

PS LA 2008/6 - Update - Fraud or evasion - This Practice Statement has been updated to provide guidance to ATO staff considering fraud or evasion in the context of the unlimited time periods, which allow the Commissioner to amend assessments (or to seek the payment of indirect tax which has been underpaid) due to fraud or evasion.

Update: PS LA 2011/29 - Exercise of the Commissioner's discretion under section 109RB of Division 7A of Part III of the Income Tax Assessment Act 1936 to either disregard a deemed dividend or to permit a deemed dividend to be franked - Updated to reflect an updated instrument of authorisation concerning officers from the SMB business line.

PS LA 2004/6 - Giving advice on proposed changes to the tax law before royal assent or registration on the Federal Register of Legislation 

PS LA 2007/11 - Administrative treatment of taxpayers affected by announced but unenacted legislative measures which will apply retrospectively when enacted

PS LA 2011/20 – update – Payment and credit allocation – updated to reflect that from 1 January 2024, the Trade Support Loans Act 2014 will be referred to as the Australian Apprenticeship Support Loans Act 2014 and the Trade Support Loan will be referred to as the Australian Apprenticeship Support Loan.

PS LA 2011/23 – update – Credit interest – This practice statement discusses the credit interest regime administered by the Commissioner and details when interest is payable. This practice statement has been updated to reflect that from 1 January 2024, the Trade Support Loans Act 2014 will be referred to as the Australian Apprenticeship Support Loans Act 2014 and the Trade Support Loan will be referred to as the Australian Apprenticeship Support Loan.

Taxation rulings

TR 95/2W - Income tax: Overseas Aid Gift Deduction Scheme. 

TR 2024/2 - Income tax: when does a corporate limited partnership 'credit' an amount to a partner in that partnership? This Ruling provides the Commissioner’s view about when a corporate limited partnership (CLP) ‘credits’ an amount to one or more of its partners, within the meaning the section 94M of the Income Tax Assessment Act 1936. The Commissioner’s view was previously issued in draft Taxation Ruling TR 2017/D4. In order to provide certainty for Australian CLPs and Australian-resident partners of foreign CLPs, the Ruling has been updated to address the flexibility available in many CLP constitutions, such that a relevant ‘benefit’ may be conferred upon a partner without formally issuing additional partnership interests to that partner.   

TR 2024/3 - Income tax: deductibility of self-education expenses incurred by an individual - sets out the principles on the deductibility of self-education expenses under section 8-1 of the Income Tax Assessment Act 1997. It also discusses the types of expenditure that can be deductible as a self-education expense, as well as those that cannot. 

TR 2005/13A2 - Addendum - Income tax: tax deductible gifts - what is a gift 

GSTR 2002/5A5 - Addendum - Goods and services tax: when is a 'supply of a going concern' GST-free?

TR 2024/1 - Income tax: composite items - identifying the relevant depreciating asset for capital allowances – the ruling addresses the issue of whether an asset that is made up of a number of parts or components (that is, the composite item) is itself a depreciating asset, or whether one or more of its components are separate depreciating assets.

TR 2021/D4W – Notice of Withdrawal – Income tax: royalties – character of receipts in respect of software.

Other items

Withdrawals:
TD 2016/11W - Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2016 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used?
TD 2016/8W - Income tax: what is the car limit under section 40-230 of the Income Tax Assessment Act 1997 for the 2016-17 financial year?
TD 2017/17W - Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2017 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used?
TD 2017/18W - Income tax: what is the car limit under section 40-230 of the Income Tax Assessment Act 1997 for the 2017-18 financial year?

interpretation NOW!  Episode 107 - Looks at human rights, single purpose, consumer protection and remedial legislation

ATO expectations on how you support your reduced input tax credit claims on complex information technology outsourcing agreements

ATO Fact sheet Category B players of WAFL clubs - taxation of match payments - This fact sheet outlines the taxation implications of payments received if you play Australian Rules Football as a 'Category B player' for a club associated with or governed by the West Australian Football League (WAFL). It only applies to payments received pursuant to WAFL Category B player contracts.

Interpretation NOW! Episode 106 - looks at the use of extrinsic materials in interpretation

Romania - Synthesised text of the MLI and the Agreement between Australia and Romania for the Avoidance of Double Taxation with Respect to Taxes on Income and Fringe Benefits and the Prevention of Fiscal Evasion with Respect to Taxes on Income, and Protocol

GST industry issues addendum notice - Detailed Food List - amends the Detailed Food List to align relevant entries with GSTD 2024/1, add new food and beverage product lines, merge similar entries and update a number of entries to better explain why they are GST-free. 

South Africa - Synthesised text of the MLI and the Agreement between Australia and the Republic of South Africa for the Avoidance of Double Taxation with Respect to Taxes on Income and Fringe Benefits and the Prevention of Fiscal Evasion

Interpretation NOW! Episode 104 - looks at the meaning of ‘suicide’ and ‘remains, the frustration of purpose and extraterritoriality.

ATO Legal Database

For more information on past or new ATO rulings, determination etc. release please visit the ATO Website.

Visit the ATO legal database