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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.

  • PCG 2018/D3 - Income Tax: central management and control test of residency: identifying where a company's central management and control is located

    25 Jul 2018

    The Tax Institute, Chartered Accountants Australia and New Zealand, Corporate Tax Association, the Group of 100 and the Business Law Section of the Law Council of Australia (Joint Bodies) welcome the opportunity to make a submission to the Australian Taxation Office (ATO) in relation to the Practical Compliance Guideline PCG 2018/D3 – Income Tax: central management and control test of residency: identifying where a company’s central management and control is located (Draft PCG). 

    Our submission addresses our main concerns in relation to the Draft PCG. In particular, the interpretation being given to the corporate residency test; Technical issues with the Draft PCG; and Requirement for a further review of the corporate residency test. 

  • Independent Review of the Australian Public Service

    20 Jul 2018

    The Tax Institute welcomes the opportunity to make a submission to the Department of the Prime Minister and Cabinet in relation to the Independent Review of the Australian Public Service. Through its work in relation to tax policy and administration, The Tax Institute liaises with a number of Departments of State and government entities that engage staff under the Public Service Act 1999 (Cth) including:

    • The Treasury; The Australian Taxation Office; The Inspector General of Taxation; and The Board of Taxation.

    The focus of our submission is on the two key agencies involved in policy, law design and administration in the Australian tax and superannuation systems – being the Treasury and the Australian Taxation Office. The matters raised in our submission are directly relevant to these aspects of the APS review:

    • delivering high quality policy advice, regulatory oversight, programs and services;
    • tackling complex, multi-sectoral challenges in collaboration with the community, business and citizens;
    • improving citizens’ experience of government and delivering fair outcomes for them; and
    • acquiring and maintaining the necessary skills and expertise to fulfil its responsibilities. 

  • Review into the ATO’s use of Garnishee Notices

    09 Jul 2018

    The Tax Institute welcomes the invitation to make a submission in relation to the Inspector General of Taxation’s (IGT) review to examine the allegations made during a recent Four Corners program as well as to explore the themes arising from related complaints on the use of garnishee notices made in recent years.

  • Economy-Wide Cash Payment Limit

    22 Jun 2018

    The Tax Institute welcomes the opportunity to make a submission to Treasury in relation to the Introducing an Economy-Wide Cash Payment Limit Consultation Paper.

  • Objections to Private Rulings – Inconsistency between GST and Income Tax

    08 Jun 2018

    The Tax Institute would like to raise an issue with the Australian Taxation Office in relation to objections to GST related private rulings. The issue concerns the interpretation of section 359-60(3) of Schedule 1 to the Taxation Administration Act 1953 (Cth) (TAA). Section 359-60 sets out the circumstances in which taxpayers can object to private rulings (for both income tax and GST related issues).

  • Stapled Structures and Other Measures

    31 May 2018

    The Tax Institute welcomes the invitation to make a submission in relation to the Treasury Laws Amendment (Stapled Structures and Other Measures) Bill 2018 (Bill) and the related exposure draft explanatory material. The Tax Institute is disappointed with the two-week consultation period for this Bill. Given the importance of these measures and the potential impact, a full consultation period of at least 4 weeks should have been provided.

  • Allocation of profits in professional firms

    30 May 2018

    The Tax Institute welcomes the opportunity to make a submission to the Australian Taxation Office (ATO) in relation to the issues currently being considered by the ATO professional Firms Working Group and in particular, the withdrawal of the Assessing the Risk: Allocation of profits within professional firms guidelines (Guidelines) on 14 December 2017. In The Tax Institute’s view:

    • The Guidelines have operated well in the majority of cases where the core issue was the allocation of profits;
    • The reasons given for the withdrawal of the Guidelines is due to what we submit are issues not core to the matters the benchmarks in the Guidelines are intended to apply to;
    • These non-core issues can either be resolved by applying other relevant tax provisions already in the law or should be the subject of a separate piece of guidance.

    Furthermore, uncertainty for taxpayers persists while the Guidelines remain withdrawn without replacement. Therefore, it is key that this uncertainty be resolved as soon as possible and preferably by 30 June 2018.

  • Draft LCR 2018/D1

    29 May 2018

    The Tax Institute welcomes the opportunity to make a submission to the Australian Taxation Office in relation to the draft LCR 2018/D1 - Purchaser's obligation to pay an amount for GST on taxable supplies of certain real property (Draft Ruling). The Tax Institute considers that the Draft Ruling requires further work before it is in a position to be finalised. In our opinion, in its current form, there is uncertainty with respect to a number of matters.

  • Protecting your Superannuation Package

    29 May 2018

    The Government has released exposure draft legislation and explanatory material to implement the protecting your superannuation package.