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08 Oct 12 4 Rulings withdrawn

On 5 October, the ATO withdrew the following 4 Rulings (3 of which were still in draft form) with effect from the same day:

  • TR 2010/D4W - Notice of Withdrawal Petroleum resource rent tax: general pre-conditions common to deductibility of expenditure of a kind referred to in sections 37, 38 and 39 of the Petroleum Resource Rent Tax Assessment Act 1987
  • TR 2010/D5W - Notice of Withdrawal Petroleum resource rent tax: excluded expenditure under paragraphs 44(j) and 44(k) of the Petroleum Resource Rent Tax Assessment Act 1987 - administrative, accounting, wages, salary, other work costs, and overhead expenditure; land or buildings for use in accounting or administration not adjacent to the operations site
  • TR 2010/D6W - Notice of Withdrawal Petroleum resource rent tax: deductibility of expenditure to procure the carrying on or providing of operations, facilities or other things by another person in relation to a petroleum project, as provided by section 41 of the Petroleum Resource Rent Tax Assessment Act 1987
  • MT 93/2W Petroleum Resource Rent Tax: deductibility of payments made to contractors and others to procure the carrying on or providing of operations, etc. in relation to a petroleum project

The Rulings have been withdrawn as a consequence of the Full Federal Court decision in Esso Australia Resources Pty Ltd v FCT [2012] FCAFC 5.

The Commissioner proposes to issue advice by way of a public ruling on the implications of the Full Federal Court decision and is also considering what advice or guidance (if any) to provide on other matters covered in the Rulings, but not covered by the decision.

 


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