Submissions & joint submissions

Tax & Super Australia has been the voice of our members since 1919. We prepare submissions to the ATO, Treasury, and government departments on behalf of our members covering a range of issues including tax policy, administration and technical matters.

Below you will find a list of submissions with the most recent document at the top. For joint submissions, scroll down.

Submissions

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Submission to House of Reps Standing Committee on Tax & Revenue (Feb 2017)
Our proposals regarding taxpayer engagement, the role of the tax practitioner, the reliance and stability of the ATO’s online services, connectivity for rural taxpayers and practitioners, and the cash economy.
.pdf 180 KB
TSA’s 2017-18 pre-budget submission (January 2017)
Our proposals for individual taxation include a tax offset for older workers to encourage mature age participation in the workforce. We also recommend a $2,000 standard work-related expense deduction – no substantiation required. On behalf of small businesses, we have asked for the $20,000 instant asset write-off to be retained and a $10 million eligibility threshold for the small business CGT concessions. Superannuation changes are big news right now, and we have asked for specific improvements to the new laws as well as online tools to help taxpayers understand and comply with the new super rules. There are many more recommendations in the Tax & Super Australia pre-budget submission, which can be read in the attached document.
.pdf 713 KB
Substantiation exception for reasonable travel allowance expenses (Nov 2016)
This submission was in response to the ATO’s discussion paper (QC50217) on the ways it could improve its guidance and administrative practices in relation to the substantiation exception for reasonable travel allowance expenses.
.pdf 160 KB
Superannuation reform package (Sept 2016)
This submission was in response to the exposure draft legislation released by the Treasury. The exposure drafts were in relation to the following measures: the objective of superannuation, tax deductions for personal superannuation contributions, improve superannuation balances of low income spouses, introduce a Low Income Superannuation Tax Offset (LISTO) and harmonising contribution rules for those aged 65-74.
.pdf 2.2MB
Review into the ATO’s employer obligations compliance activities (Dec 2015)
This submission was in response to the IGT’s review into ATO employer obligation compliance activities. We thank our members for their participation and responses.
.pdf 8.2 MB (zipped)
Objectives of superannuation submission
This submission was in response to a request from the Federal Government for feedback on the objective of the superannuation system. We thank our members for their participation and responses.
.pdf 149 KB
IGT External scrutiny of the ATO submission
Taxpayers Australia has called for the appointment of a board of directors to the Australian Taxation Office (ATO) and increased powers for the Inspector-General of Taxation.
.pdf 1144 KB
IGT: debt collection
It appears to Taxpayers Australia that the high level of ATO debt is largely a problem of the ATO’s own making.
.pdf 291 KB
IGT: Support for Tax Practitioners
As most of our members are part of smaller practices (and many are sole practitioners), there was a degree of frustration that the ATO fails to understand the pressures which they sometimes put on smaller practitioners.
.pdf 397 KB
Treasury: TFN withholding
Taxpayers Australia agrees with the policy intent of the TFN withholding regime for closely-held trusts. However, under amendments, we have reservations in relation to the compliance burden and the practical difficulties which may be placed on trustees and their tax advisers as proposed.
.pdf 160 KB
Treasury: Financial System Inquiry
The FSI provides a number of recommendations in relation to superannuation which we have
addressed in the accompanying submission.
.pdf 414 KB
ATO: GSTR joint submission
The Professional Bodies welcome the opportunity to comment on Draft Goods and Services Tax Ruling Addendum GSTR 2001/8DA (Draft Addendum).
.pdf 413 KB
ATO: Draft PSLA joint submission
The Joint Bodies reiterate the view that the Ruling contradicts the underlying policy intent of Division 7A and, in particular, Subdivision EA.
.pdf 184 KB
ATO: SMSF disclosure
Superannuation Australia believes that the SMSF sector is currently appropriately regulated
and performing well for SMSF trustees. We are not convinced of the need to massively
increase the regulatory burden on the SMSF sector, particularly SMSF trustees.
.pdf 217 KB
ATO: Bitcoin and FBT
Where Bitcoin is considered to be a form of currency, then PAYG withholding will apply and no FBT will apply.
.pdf 164 KB
ATO: Bitcoin and GST
The following submission examines some issues of construction and interpretation in relation to GST concepts that impact the way ‘Bitcoin’ transactions are dealt with under the GST.
.pdf 217 KB
ATO: Bitcoin as trading stock
We agree with the view expressed in the Ruling section of the draft TD (paragraph 1) that Bitcoin, when held for the purpose of sale or exchange in the ordinary course of a business, is trading stock for the purposes of subs70-10(1) – with possible qualifications.
.pdf 164 KB
ATO: Bitcoin and CGT
In our submission on TD 2014/D11, we disagree with the Commissioner’s preliminary view that Bitcoin is not ‘foreign currency’ for the purposes of Division 775 and not ‘foreign currency’ as defined in s995-1.
.pdf 164 KB

Joint submissions

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Draft Taxation Determination TD 2016/D4 & TD 2016/D5 (10 March 2017)
Income tax: does the residency assumption in subsection 95(1) of the Income Tax Assessment Act 1936 (ITAA 1936) apply for the purpose of section 855-10 of the Income Tax Assessment Act 1997 (ITAA 1997), which disregards certain capital gains of a trust which is a foreign trust for CGT purposes?
Income tax: where an amount included in a beneficiary’s assessable income under section 99B(1) of the Income Tax Assessment Act 1936 (ITAA 1936) had its origins in a capital gain from non-taxable Australian property of a foreign trusts, can the beneficiary offset capital losses or a carry-forward net capital loss (‘capital loss offset) or access the CGT discount in relation to the amount?
.pdf 197 KB
Draft Taxation Ruling TR 2017/D1 (3 March 2017)
Income tax: composite items and identifying the depreciating asset for the purposes of working out capital allowances.
.pdf 131 KB
Draft Taxation Determination 2016/D6 & 2016/D7 (6 Feb 2017)
Where an Australian corporate tax entity is a partner in a partnership, can the partnership ‘hold’ a direct control interest (within the meaning of section 350 of the Income Tax Assessment Act 1936) in a foreign company for the purpose of Subdivision 768 A of the Income Tax Assessment Act 1997 (TD 2016/D6).
Draft Taxation Determination 2016/D7: where an Australian corporate tax entity is a beneficiary of a trust, can the trust be taken to ‘hold’ a direct control interest (within the meaning of section 350 of the Income Tax Assessment Act 1936) in a foreign company for the purpose of Subdivision 768 A of the Income Tax Assessment Act 1997 (TD 2016/D7).
.pdf 303 KB
Draft Practical Compliance Guideline PCG 2016/D16 (9 Dec 2016)
Fixed trusts.
.pdf 53 KB
Draft Taxation Determination TD 2016/D1 (9 Sept 2016)
Income tax: is a redemption payment received by a worker under the Return to Work Act 2014 (SA) assessable income of the worker?
.pdf 279 KB
Taxation Ruling TR 2016/D1 (20 May 2016)
Income tax: deductibility of expenditure on a commercial website.
.pdf 33 KB
Law Companion Guideline LCG 2016/D2 & LCG 2016/D3 (6 May 2016)
Law Companion Guidelines: Small Business Restructure Rollover: consequences of a roll-over and genuine restructure of an ongoing business.
.pdf 176 KB
Practical Compliance Guideline PCG 2016/D1 (22 April 2016)
Practical Compliance Guidelines: purpose, nature and role in ATO’s public advice and guidance.
.pdf 25 KB
Law Companion Guideline LCG 2015/D (15 April 2016)
Law Companion Guidelines: purpose, nature and role in ATO’s public advice and guidance.
.pdf 123 KB