Amendments to the Thin capitalisation rules – ATO’s Public Advice and Guidance Consultation
The Tax Institute welcomes the opportunity to make a submission to the Australian Taxation Office (ATO) in respect of its Public Advice and Guidance (PAG) consultation on the changes to the thin capitalisation rules.
In the development of this submission, we have closely consulted with our National Large Business & International Technical Committee and a working group of members with expertise in this area to prepare a considered response that represents the views of the broader membership of The Tax Institute.
The Tax Institute commends the ATO on its proactiveness in preparing PAG for the implementation of the new thin capitalisation rules.
We are of the view that guidance on a range of issues associated with the new rules is crucial in assisting taxpayers and their advisors in complying with their obligations. The provision of such guidance by the ATO will provide certainty to taxpayers and help ensure compliance with the intended effect of these fundamental changes to the Australian tax treatment of interest and equivalent costs.
By way of priority, The Tax Institute is of the view that comprehensive guidance needs to be issued as soon as practicable dealing with the:
- proposed debt deduction creation rule (DDCR), by way of a comprehensive law companion ruling (LCR) coupled with a practical compliance guide (PCG), including risk assessment frameworks;
- impact of the transfer pricing rules as to the quantum of debt, by way of a PCG, coupled with revisions to existing PCGs and/or the issue of a new PCG including risk assessment frameworks;
- Commissioner’s intended approach towards, and management of, transitional and compliance issues arising from the rules, including its approach to the application of Part IVA to restructures etc, by way of a PCG, including risk assessment frameworks; and
- guidance to address ambiguity in the revised ‘financial entity’ definition.
Comprehensive guidance is also recommended in relation to the operation of the fixed ratio test (FRT), group ratio test (GRT), and third-party debt test (TPDT), as well as a range of specific issues.
Our detailed response and recommendations are contained in Appendix A.
The Tax Institute is the leading forum for the tax community in Australia. We are committed to shaping the future of the tax profession and the continuous improvement of the tax system for the benefit of all. In this regard, The Tax Institute seeks to influence tax and revenue policy at the highest level with a view to achieving a better Australian tax system for all.