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Submissions

The Tax Institute is the most respected and influential contributor to the development of tax policy and administration in Australia. As part of this contribution, we prepare top level submissions on tax policy, administration and technical matters at both Federal and State levels. Non-confidential submissions prepared from 1996 onwards and covering legislation, ATO and Treasury consultative documents and papers, as well as rulings, determinations and a range of other ATO opinion and guideline documents, are available here.

  • The Tax Institute Submission | Draft Practical Compliance Guideline PCG 2021/D4 — Intangibles Arrangements

    19 Jul 2021

    The Tax Institute welcomes the opportunity to make a submission to the Australian Taxation Office (ATO) in relation to the draft Practical Compliance Guideline PCG 2021/D4, Intangibles Arrangements (Draft PCG).

    This submission has been developed in close consultation with a subcommittee of The Tax Institute’s members to obtain a breadth of views on issues that impact our broader membership.

    We invite the ATO to consider our submission and respectfully request that further action as recommended in this submission is taken to enhance the Draft PCG to ensure clear guidance and practical insight is provided to the community. We have set out below our main concerns in relation to the Draft PCG, in particular:

    • the object and purpose of the Draft PCG, and the extent to which it goes beyond existing guidance relating to transfer pricing; and
    • the onerous documentation and evidence requirements currently required under the Draft PCG, including those requirements having retrospective effect.

  • The Tax Institute Submission | Supervisory arrangements under the Tax Agent Services Act 2009

    29 Jun 2021

    The Tax Institute welcomes the opportunity to make a submission in response to the Tax Practitioners Board’s (TPB) Exposure Draft Information Sheet TPB(I) D46/2021 Supervisory arrangements under the Tax Agent Services Act 2009 (TASA) (Exposure Draft) issued on 31 May 2021.

    We have engaged with our National Technical Committees in the development of our submission and note that we have received no negative feedback in relation to the Exposure Draft. Accordingly, our submission seeks to commend the TPB on the consultation process it has undertaken to enhance the guidance provided on supervisory arrangements. We also recommend an amendment to an example within the Exposure Draft for the TPB’s consideration in the finalised document.

  • The Tax Institute Submission | ATO Consultation Paper – Transition to strengthening client verification

    15 Jun 2021

    The Tax Institute welcomes the opportunity to make a submission to the ATO in relation to the Consultation Paper - Transition to strengthening client verification (Consultation Paper).  

    The Tax Institute understands the importance of client verification and supports the application of a minimum standard across the tax profession. However, this needs to be balanced with the compliance burden that the verification requirements outlined in the Consultation Paper will impose on tax professionals. Our submission also acknowledges the concurrent release by the TPB of the Exposure Draft TPB Practice Note TPB(PN) D45/202.

    Our submission seeks to address the consultation questions in the Consultation Paper and outline the main concerns in relation to the verification requirements set out in the Consultation Paper. 

  • The Tax Institute Submission | Exempting Granny Flat Arrangements from CGT

    03 May 2021

    The Tax Institute would like to make a submission to Treasury in relation to the Exposure Draft material designed to provide a targeted capital gains tax (CGT) exemption for certain granny flat arrangements. The Exposure Draft material includes the Treasury Laws Amendment (Measures for Consultation) Bill 2021: Exempting granny flat arrangements from CGT (Bill) and the accompanying Exposure Draft Explanatory Materials (EM).

  • The Tax Institute Submission | PCG 2021/D2 — Allocation of professional firm profits – ATO compliance approach

    21 Apr 2021

    The Tax Institute welcomes the opportunity to make a submission to the Australian Taxation Office (ATO) in relation to the draft Practical Compliance Guideline PCG 2021/D2, Allocation of professional firm profits – ATO compliance approach (the draft PCG).

    This separate submission complements a previously lodged joint submission dated 30 March 2021 with CPA Australia, Chartered Accountants Australia and New Zealand, Institute of Public Accountants and the Business Law Section of the Law Council of Australia (together, the Joint Bodies). We continue to support the view as represented in the Joint Bodies submission.

  • Joint Bodies Submission | PCG 2021/D2 Allocation of professional firm profits – ATO compliance approach

    06 Apr 2021

    CPA Australia, Chartered Accountants Australia and New Zealand, Institute of Public Accountants, the Business Law Section of the Law Council of Australia and The Tax Institute (together, the Joint Bodies) have considered draft PCG 2021/D2 Allocation of professional firm profits - ATO compliance approach (the draft PCG). The following comments represent our general collective views on the draft PCG, and these will be complemented with more specific, separate submissions from our respective associations, member firms and members.

  • The Tax Institute Submission | Draft Taxation Ruling TR 2021/D1: Income tax and fringe benefits tax

    06 Apr 2021

    The Tax Institute welcomes the opportunity to make a submission to the ATO in relation to the draft Taxation Ruling TR 2021/D1, Income tax and fringe benefits tax: employees: accommodation and food and drink expenses, travel allowances, and living-away-from-home allowances and the draft Practical Compliance Guideline PCG 2021/D1, Determining if allowances or benefits provided to an employee relate to travelling on work or living at a location.

    This submission was developed in close consultation with The Tax Institute’s FBT & Employment Taxes Technical Committee in order to obtain a breadth of views on issues that impact our broader membership.