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.

• Letter to Treasury requesting a legislative amendment for car parking fringe benefits

  19 Dec 2019

  In light of the release of draft Draft Taxation Ruling TR 2019/D5 Fringe Benefits Tax: car parking benefits and Draft FBT Guide for Employers Chapter 16 – Car parking fringe benefits recently issued for public consultation by the Australian Taxation Office (ATO), The Tax Institute is resubmitting its submission made to Treasury on 20 July 2018 recommending legislative changes required to be made to ‘car parking fringe benefits’ legislation in the Fringe Benefits Tax Assessment Act 1986 (Cth).

• ATO Guidance on Car Parking Fringe Benefits (TR 2019/D5 and Draft FBT Employer Guide) lodged with the ATO

  19 Dec 2019

  The Tax Institute considers that amendments to the fringe benefits tax (FBT) law are required with respect to when a ‘car parking fringe benefit’ arises. However, until such time as the law is amended, we make comments below in relation to the Draft Ruling and Draft Guide to ensure this guidance works as effectively as possible given the current legislation.

• ATO Consultation: Access to deceased persons' information - draft Legislative Instrument lodged with the ATO

  19 Dec 2019

  The Tax Institute welcomes the opportunity to make a submission to the Australian Taxation Office (ATO) in relation to the draft CRP 2019/D1 Taxation Administration (Remedial Power-Disclosure of Protected Information by Taxation Officers) Determination 2019 (Draft Legislative Instrument).

• The Tax Institute Submission | Taxation Ruling TR 2019/D4 Income Tax deductions for work expenses

  05 Dec 2019

  The Tax Institute welcomes the opportunity to make a submission to the Australian Taxation Office in relation to draft Taxation Ruling TR 2019/D4 Income Tax: employees: deductions for work expenses under section 81 of the Income Tax Assessment Act 1997 (Draft Ruling).

• The Tax Institute Submission | Non-arm’s length income and expenses – LCR 2019/D3 and PCG 2019/D6

  04 Dec 2019

  The Tax Institute welcomes the opportunity to a make a submission in relation to the Law Companion Ruling LCR 2019/D3 (LCR) and Practical Compliance Guideline PCG 2019/D6 (PCG) about the recent non-arm’s length income (NALI) and expenses (NALE) amendments to s.295-550 made by Treasury Laws Amendment (2018 Superannuation Measures No. 1) Act 2019.

• The Tax Institute Submission | ATO Guidance

  14 Nov 2019

  The Tax Institute has prepared the following submission to the Australian Taxation Office (ATO) in relation to ATO guidance. The purpose of this submission is to outline the Institute’s concerns in relation to what we perceive to be growing trends in relation to ATO guidance.

• The Tax Institute Submission | Treasury - Explanatory Memoranda

  14 Nov 2019

  The Tax Institute has prepared the following submission to Treasury in relation to Explanatory Memoranda (EMs). The purpose of this submission is to outline the Institute’s concerns in relation to what we perceive to be growing trends in relation to the quality of EMs being prepared by Treasury.

• TTI Submission - Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures) Bill 2019

  13 Nov 2019

  The Tax Institute refers to the Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures) Bill 2019 (Bill). The Bill contains measures designed to change the main residence exemption for non-residents.

• The Tax Institute Submission | TD 2019/D9 Commercial debt forgiveness by reason of natural love and affection

  04 Nov 2019

  The Tax Institute welcomes the opportunity to make a submission to the Australian Taxation Office (ATO) in relation to the draft Taxation Determination TD 2019/D9 Income tax: commercial debt forgiveness – does the exclusion for debts forgiven for reasons of natural love and affection require that the creditor be a natural person? (Draft TD).

• The Tax Institute Submission | TD 2019/D8 - What is an employee share trust?

  28 Oct 2019

  The Tax Institute welcomes the opportunity to make a submission to the Australian Taxation Office (ATO) in relation to the Draft Taxation Determination - Income Tax: what is an ‘employee share trust’? (Draft TD). Our submission below addresses our main concerns in relation to the Draft TD. In particular, we consider that, should the ATO not change the view held in the Draft TD, then a legislative change will be necessary.