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ATO ID 2010/115
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Mining withholding tax: withholding from mining payment - GST inclusive basis
Is an entity required to calculate the amount to be withheld from the payment on a goods and services tax (GST) inclusive basis where the entity is required to withhold an amount from a mining payment in accordance with section 12-320 of Schedule 1 to the Taxation Administration Act 1953 (TAA), and the payment is given...
Yes. The amount to be withheld from the mining payment in accordance with section 12-320 of Schedule 1 to the TAA should be calculated on a GST inclusive basis.
A mining company made payments to an Aboriginal Land Council (ALC) under an agreement in relation to the use of the aboriginal land for mining and exploration. The payments under the agreement are mining payments within the meaning of the term in paragraph 128U(1)(b) of the Income Tax Assessment Act 1936 (ITAA 1936). T...
Summary: An entity is required to withhold an amount from a mining payment that it makes to another entity: subsection 12-320(1) of Schedule 1 to the TAA. The amount to be withheld from the mining payment is 4% of the amount of the payment: see regulation 43 of the Taxation Administration Regulations 1976. The amount w...
5 May 2010
Year ended 2009-10 and later income years
Aboriginal Land Rights (Northern Territory) Act 1976 section 21
Taxation Ruling TR 2002/9 | Taxation Ruling TR 2006/12
GST Mining withholding tax PAYG withholding
White v Elmdene Estates Ltd [1960] 1 QB 1 [1959] 2 All ER 605
The Macquarie Dictionary, [Multimedia], version 5.0.0, 1/10/01
Administration, Business and Personal Taxes Centre of Expertise
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2010115
Related Public Rulings (including Determinations) Taxation Ruling TR 2002/9 Taxation Ruling TR 2006/12 | Keywords GST Mining withholding tax PAYG withholding
ATO ID 2003/872
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Reconsideration of a reviewable decision
Can the Regulator make a decision with respect to a 'reviewable decision' under section 344 of the Superannuation Industry (Supervision) Act 1993 (SISA) once the sixty-day period allowed to review the decision by subsection 344(5) of the SISA has lapsed?
No, the Regulator cannot make a decision with respect to a 'reviewable decision' under section 344 of the SISA once the sixty day period allowed to review the decision by subsection 344(5) of the SISA has lapsed.
The trustee requested that the Regulator reconsider a reviewable decision pursuant to subsection 344(1) of the SISA. The Regulator did not respond to the request for a review within the sixty-day period allowed by subsection 344(5) of the SISA.
Summary: Subsection 344(1) of the SISA allows a person who is dissatisfied with a decision of the Regulator to request a review of the decision. Subsection 344(1) of the SISA states: 'A person who is affected by a reviewable decision of the Regulator may, if dissatisfied with the decision, request the Regulator to reco...
22 September 2003
Year ended 30 June 2003
Superannuation Industry (Supervision) Act 1993 Subsection 10(1) Section 344 Subsection 344(1) Subsection 344(5)
SMSF trustee
Superannuation
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2003872
Corrected typing error and changed AAT to ART and updating repealed legislation | Corrected typing error in final paragraph.
ATO ID 2011/86
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
PAYG Withholding: penalty for failure to withhold - liability to general interest charge
Does the date for calculating an entity's liability for general interest charge (GIC) in relation to a failure to withhold penalty imposed prior to 22 June 2006 commence from the time set under former subsection 16-30(2) of Schedule 1 to the Taxation Administration Act 1953 (TAA)?
Yes. The entity's liability to GIC commences from the time set by former subsection 16-30(2) of Schedule 1 to the TAA, as this provision has continuing effect for penalties imposed prior to 22 June 2006.
An entity made a payment to a non-resident company after 1 July 2000 but before 22 June 2006. The payment was in the nature of a royalty and was subject to pay as you go withholding under section 12-280 of Schedule 1 to the TAA. The payer did not withhold an amount from the royalty it paid to the non-resident company. ...
Summary: Under former subsection 16-30(1) of Schedule 1 to the TAA, an entity that failed to withhold an amount as required by Division 12 of Schedule 1 to the TAA is liable to pay to the Commissioner a penalty equal to that amount. Under former subsection 16-30(2) of Schedule 1 to the TAA the penalty amount was due at...
4 August 2011
Year ended 30 June 2011
Tax Laws Amendment (2006 Measures No.2) Act 2006 The Act
ATO ID 2011/65
Failure to withhold General interest charge PAYG system PAYG withholding Tax administration
Private Groups and High Wealth Individuals
false
https://www.ato.gov.au/law/view/document?docid=AID/AID201186
Related ATO Interpretative Decisions | ATO ID 2009/133 has been removed as it has been withdrawn | Keywords Failure to withhold General interest charge PAYG system PAYG withholding Tax administration
ATO ID 2006/176
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
GST and GST returns where company ownership changes from 1 July 2006
Is the entity, a company, required to submit a GST return under subsection 31-5(1) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act), when the ownership of the entity changes before the end of the tax period?
No, the entity is not required to submit a GST return under subsection 31-5(1) of the GST Act when the ownership of the entity changes before the end of the tax period. The entity is required to submit one GST return at the end of the tax period covering the whole of the tax period.
The entity is a company that is registered under the Corporations Act 2001 . It is registered for goods and services tax (GST) and lodges its GST returns quarterly. The ownership of the company changed part way through a tax period.
Summary: Subsection 31-5(1) of the GST Act provides that an entity that is registered or required to be registered, must give to the Commissioner a GST return for each tax period. For GST purposes, subsection 184-1(1) of the GST Act defines 'entity' to include a body corporate and other unincorporated association or bo...
5 July 2006
A New Tax System (Goods and Services Tax) Act 1999 section 27-5 subsection 31-5(1) subsection 184-1 section 195-1
Goods & services tax GST returns, payments & refunds GST returns GST body corporates GST tax periods
Indirect Tax
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2006176
Keywords Goods & services tax GST returns, payments & refunds GST returns GST body corporates GST tax periods
ATO ID 2003/506
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Taxation obligations of company administrators
Does section 254 of the Income Tax Assessment Act 1936 (ITAA 1936) apply to make an administrator appointed under Part 5.3A of the Corporations Act 2001 (Corporations Act), personally liable for income tax assessed to the company in relation to which they are appointed?
Yes. An administrator is a trustee of the company for the purposes of section 254 of the ITAA 1936. An administrator is personally liable under paragraph 254(1)(e) for the tax payable in respect of income, or profits or gains of a capital nature derived by virtue of that representative capacity. However, the administra...
An administrator is appointed under the Corporations Act Part 5.3A and income is derived during the company's administration.
Summary: Section 254 of the ITAA 1936 applies to an entity that is an agent or trustee for the purposes of the ITAA 1936 and 1997. Section 254 contains provisions which describe the duties and obligations of persons who act as the agents or trustees of taxpayers. 'Trustee' is defined in subsection 6(1) of the ITAA 1936...
16 May 2003
Year ended 30 June 2003
Income Tax Assessment Act 1936 subsection 6(1) section 254 subsection 254(1) paragraph 254(1)(b) paragraph 254(1)(d) paragraph 254(1)(e) section 221P
ATO ID 2005/257
Administrative law Voluntary administration Liquidation Trustees
James v. Deputy Federal Commissioner of Taxation (1988) 19 ATR 1752 88 ATC 4812
PGH
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2003506
Related ATO Interpretative Decisions | Updated Related ATO Interpretative Decisions to ATO ID 2005/257 | Keywords Administrative law Voluntary administration Liquidation Trustees
ATO ID 2013/45
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Shipping activities income: exclusion from instalment income
Can ordinary income derived by a taxpayer be excluded from instalment income for the purposes of section 45-120 of Schedule 1 to the Taxation Administration Act 1953 (TAA 1953) to the extent that it is from shipping activities that relate to a vessel in respect of which the taxpayer expects to be issued with a shipping...
Yes, ordinary income derived by a taxpayer can be excluded from instalment income for the purposes of section 45-120 of Schedule 1 to the TAA 1953 to the extent that it is from shipping activities that relate to a vessel in respect of which the taxpayer expects to be issued with a shipping exempt income certificate und...
The taxpayer is a corporation which derives ordinary income during an income year (relevant income year) from shipping activities that relate to a vessel. The vessel meets the requirements of section 10 of the SRTIA 2012. The taxpayer has been given an instalment rate by the Commissioner through a written notice under ...
Summary: Section 45-15 of Schedule 1 to the TAA 1953 establishes a general liability to pay instalments if the Commissioner issues an instalment rate to a taxpayer. Subsection 45-50(1) of Schedule 1 to the TAA 1953 establishes a specific liability to pay an instalment for an instalment quarter in an income year if at t...
30 July 2013
Year ended 30 June 2013
Income Tax Assessment Act 1997 subsection 51-100(1)
PAYG Instalment PAYG instalment income Shipping income
Interpretative Assistance, Large Business & International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID201345
Keywords PAYG Instalment PAYG instalment income Shipping income
ATO ID 2006/295
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
PAYG instalment rate: varying the rate upwards and the general interest charge
Will the company be liable for the general interest charge (GIC) under section 45-230 of Schedule 1 to the Taxation Administration Act 1953 (TAA) if it varies its pay as you go (PAYG) instalment rate upwards and it is less than 85% of its benchmark instalment rate for the income year?
Yes. The company will be liable for the GIC under section 45-230 of Schedule 1 to the TAA if it varies its PAYG instalment rate upwards and it is less than 85% of its benchmark instalment rate for the income year. However, in the circumstances it is appropriate for the Commissioner to exercise his discretion to remit t...
The company was notified by the Commissioner on 28 April 2006 that its PAYG instalment rate with effect from 1 April 2006 was 0%. Previously, the company was notified by Commissioner on 28 April 2005 that its PAYG instalment rate with effect from 1 April 2005 was also 0%. On 28 April 2006, the company varied its PAYG i...
Summary: Under subsection 45-230(1) of Schedule 1 to the TAA, an entity is liable to pay the GIC if: The company has varied its instalment rate upwards. However its varied rate is expected to be less than 85% of its benchmark instalment rate. GIC is payable on the amount worked out using the formula in subsection 45-23...
6 October 2006
Year ended 30 June 2006
Taxation Administration Act 1953 section 3AA subsection 3AA(3) section 45-205 Subdivision 45-G subsection 45-230(1) subsection 45-230(2) section 45-240 Subdivision 45-K
PAYG system PAYG instalments Calculating PAYG instalments PAYG instalment rate Varying PAYG instalment rates Tax administration General interest charge Penalties Remission of penalties
Explanatory Memorandum to the A New Tax System (Pay As You Go) Bill 1999 Macquarie Dictionary 2001, rev. 3rd edn, The Macquarie Library Pty Ltd, NSW PS LA 2007/21
Private Groups and High Wealth Individuals
true
https://www.ato.gov.au/law/view/document?docid=AID/AID2006295
Correct reference from Division 45-K to Subdivision 45-K | Insert reference to PS LA 2011/12 and removed reference to archived ATO Receivables Policy | Update to highlight that the discount on the rights is assessable income. | Updated to take into account the repeal of Division 13A of the ITAA 1936 and its replacement...
ATO ID 2005/237
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
PAYG Instalment Income and Employee Share Scheme
Is the discount that a taxpayer receives, as an employee, on a qualifying right that the taxpayer acquires under an employee share acquisition scheme included in the taxpayer's PAYG instalment income if the taxpayer does not make an election under subsection 139E(1) of the Income Tax Assessment Act 1936 (ITAA 1936)?
No, the discount that the taxpayer, an employee receives, on a qualifying right that the taxpayer acquires under an employee acquisition share scheme is not included in the taxpayer's PAYG instalment income if the taxpayer does not make an election under subsection 139E(1) of the ITAA 1936.
The taxpayer is an employee who is granted rights to acquire shares at a discount under an employee share acquisition scheme. The right has an expiration date of a number of years from the date of granting the right. The rights are qualifying rights for the purposes of Division 13A of the ITAA 1936. The taxpayer has no...
Summary: Section 45-120 of Schedule 1 to the Taxation Administration Act 1953 (TAA) provides that instalment income for a period includes ordinary income derived during that period, but only to the extent that it is assessable income of the income year that is or includes that period. Under subsection 139B(1) of the IT...
4 August 2005
Year ended 30 June 2005 Year ended 30 June 2006 Year ended 30 June 2007 Year ended 30 June 2008
Income Tax Assessment Act 1936 section 139B section 139E
Employee share schemes & options PAYG instalment income Qualifying rights
Private Groups and High Wealth Individuals
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2005237
Edited for clarity Amend reference to section 45 120 of Schedule 1 to the TAA 1953 | Amend reference to section 45 120 of Schedule 1 to the TAA 1953 | Keywords Employee share schemes & options PAYG instalment income Qualifying rights
ATO ID 2004/798
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Income Tax: change from a co-operative to a company
Is the taxpayer the same 'entity' for all purposes under the Income Tax Assessment Act 1997 (ITAA 1997) after the conversion from an incorporated co-operative to a company?
Yes. The taxpayer's registration as a company under the Corporations Act 2001 (Cth) (Corporations Act) does not create a new legal entity. Therefore it is the same 'entity' for all purposes of the ITAA 1997 as defined in section 960-100 of the ITAA 1997.
The taxpayer is a co-operative incorporated under the Co-operatives Act 1992 (NSW) (Co-op Act). The taxpayer is treated as a body corporate pursuant to its incorporation under the Co-op Act. The taxpayer will transfer its incorporation under the Co-op Act to become a company registered under the Corporations Act. It wi...
Summary: The co-operative incorporated under the Co-op Act is a body corporate under that Act and at general law. Section 995-1 of the ITAA 1997 defines an 'entity' to have the meaning in section 960-100 of the ITAA 1997. An 'entity' is defined to mean any of the following: In addition, section 995-1 of the ITAA 1997 d...
28 June 2004
Year ended 30 June 2004
Income Tax Assessment Act 1997 section 995-1 section 960-100 paragraph 960-100(1)(b)
ATO ID 2002/257 (Withdrawn) | ATO ID 2002/808 | ATO ID 2002/816 (Withdrawn) | ATO ID 2003/254 | ATO ID 2004/978
Bodies corporate Company law Co-operatives Entities & taxpayer groups Incorporation Taxpayer identification
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2004798
This ATO Interpretative Decision has been amended to correct a legislative reference and update references to related ATO Interpretative Decisions. | Keywords Bodies corporate Company law Co-operatives Entities & taxpayer groups Incorporation Taxpayer identification
ATO ID 2011/65
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
PAYG Withholding: penalty for failure to withhold - imposition of penalty
When is a penalty for failing to withhold imposed on an entity under section 16-30 of Schedule 1 to the Taxation Administration Act 1953 (TAA)?
The penalty under section 16-30 of Schedule 1 to the TAA is imposed at the time the entity failed to withhold from the payment.
After 1 July 2000 an entity makes a payment to another entity from which an amount was required to be withheld under Division 12 of Schedule 1 to the TAA. The ATO commenced an audit of the payer's affairs. The Commissioner identified that the payer had failed to withhold from the payment and notified the payer of the l...
Summary: With effect from 1 July 2000, an entity that fails to withhold an amount as required by Division 12 of Schedule 1 to the TAA is liable to pay to the Commissioner a penalty equal to that amount under section 16-30 of Schedule 1 to the TAA. The current section 16-30 was inserted by Tax Laws Amendment (2006 Measu...
2 August 2011
Year ended 30 June 2011
Administrative Decisions (Judicial Review) Act 1977 The Act
ATO ID 2009/133
Failure to withhold PAYG system PAYG withholding Tax administration
Madera v. Federal Commissioner of Taxation (2004) 214 ALR 324 [2004] FCA 1616
Private Groups and High Wealth Individuals
false
https://www.ato.gov.au/law/view/document?docid=AID/AID201165
Keywords Failure to withhold PAYG system PAYG withholding Tax administration
ATO ID 2007/187
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Failure to withhold from an interest payment to a non-resident and the effect on the payment's deductibility
Does the payment of an administrative penalty amount imposed under section 16-30 of Schedule 1 to the Taxation Administration Act 1953 (TAA), for failure to withhold from interest paid to a non-resident, constitute a payment of withholding tax for the purposes of subsection 26-25(3) of the Income Tax Assessment Act 199...
Yes. The payment of an administrative penalty amount imposed under section 16-30 of Schedule 1 to the TAA, for failure to withhold from interest paid to a non-resident, constitutes a payment of withholding tax for the purposes of subsection 26-25(3) of the ITAA 1997.
An Australian resident entity (the payer) made a payment of interest to an overseas person who is a non-resident. An overseas person, for the purposes of section 12-245 of Subdivision 12-F of Schedule 1 to the TAA, is the recipient of the interest who, from the payer's records has an address outside of Australia. The i...
Summary: Subsection 128B(5) of the ITAA 1936 imposes a withholding tax liability on a non-resident who derives interest which is paid by a person who is a resident (subparagraph 128B(2)(b)(i) of the ITAA 1936) or by a non-resident who incurs the interest in carrying on business in Australia at or through a permanent es...
1 October 2007
not applicable
Income Tax Assessment Act 1936 section 128B subparagraph 128B(2)(b)(i) subparagraph 128B(2)(b)(ii) subsection 128B(5)
International tax Non-resident interest withholding tax Withholding tax credits Withholding taxes Failure to withhold
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2007187
Keywords International tax Non-resident interest withholding tax Withholding tax credits Withholding taxes Failure to withhold
ATO ID 2012/3
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Amendment of Assessments: time limits for amending assessments for an individual and the application of Regulation 20 of the Income Tax Regulations 1936
When the Commissioner exercises his discretion under subsection 109RB(2) of the Income Tax Assessment Act 1936 (ITAA 1936), does item 2 of regulation 20 of Income Tax Regulations 1936 (Regulation 20) apply to increase the standard amendment period from two to four years because of the qualification in paragraph (f) of ...
No. The standard two year amendment period will still apply as the Commissioner has exercised his discretion under subsection 109RB(2) of the ITAA 1936. The qualification in paragraph (f) of the table in subsection 170(1) of the ITAA 1936 does not apply because the circumstance prescribed by item 2 in the table of Regu...
A taxpayer is an individual shareholder in a private company which made a loan to a controlled trust during the relevant income year. The loan comes within section 109D of the ITAA 1936, being a loan that is treated as a dividend in the year it was made. However, the Commissioner can exercise his discretion in section ...
Summary: The two year amendment period in item 1 of the table in subsection 170(1) of the ITAA 1936 is subject to certain exceptions or 'qualifications' in that item. One such qualification is paragraph (f) which provides that the two year amendment period does not apply 'in any other circumstance prescribed by the reg...
21 November 2011
Year ended 30 June 2012
Income Tax Assessment Act 1936 subsection 170(1) Division 7A section 109C section 109D section 109F section 109RB subsection 109RB(2) subsection 109RB(5)
Commissioner's discretion Assessment period Shareholder payments Shareholder loans
Administration, Business and Personal Taxes Centre of Expertise
false
https://www.ato.gov.au/law/view/document?docid=AID/AID20123
Keywords Commissioner's discretion Assessment period Shareholder payments Shareholder loans
ATO ID 2012/51
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Assessments for the 2003-04 and earlier nil years: nil liability return for the 2003-04 income year: limited period for making an original assessment for a nil year: taxpayer consented to extending the limited amendment periods for the 2003-04 and later relevant income years
Can the Commissioner make an original assessment for the 2003-04 income year after the limited period specified in item 1 in the table in subsection 171A(1) of the Income Tax Assessment Act 1936 (ITAA 1936) has expired where the taxpayer has:
No. The Commissioner is unable to make an original assessment for the 2003-04 income year as the limited period set out in item 1 in the table in subsection 171A(1) of the ITAA 1936 has expired. The taxpayer's consent under former subsection 170(4) of the ITAA 1936 is irrelevant.
An individual lodged a nil return for the 2003-04 income year on 1 December 2006. It was a nil return because it showed that the taxpayer had no taxable income as the taxpayer's deductions equalled the taxpayer's assessable income. The taxpayer did not deduct a tax loss in the 2003-04 income year. The Commissioner comm...
Detailed Reasoning - Limited period for making an original assessment for the 2003-04 nil year: Section 171A of the ITAA 1936 sets out the limited periods in which the Commissioner may make original assessments for nil returns for the 2003-04 income year and earlier income years, referred to in that section as nil year...
6 June 2012
Year ended 30 June 2004
Income Tax Assessment Act 1936 former subsection 170(4) former subsection 170(1A) subsection 170(7) section 171A subsection 171A(1)
Original assessments Amendment of assessments Limited amendment period
FC of T v Ryan [2000] HCA 4 2000 ATC 4079 (2000) 43 ATR 694
Administration, Business and Personal Taxes Centre of Expertise
false
https://www.ato.gov.au/law/view/document?docid=AID/AID201251
Keywords Original assessments Amendment of assessments Limited amendment period
ATO ID 2011/102
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Amendment of income tax assessment outside limited amendment period on an application for amendment by the taxpayer
Does the Commissioner have the power to amend an income tax assessment for an income year under subsection 170(5) of the Income Tax Assessment Act 1936 (ITAA 1936) to include additional income where:
No. The Commissioner is outside the 2 year limited amendment period under subsection 170(1) of the ITAA 1936 and cannot amend the assessment under subsection 170(5) of the ITAA 1936 to include the additional income in the taxpayer's assessment. The Commissioner can only amend the assessment in relation to the additiona...
A taxpayer (an individual) is a partner in a partnership. The partnership requested an amendment of the partnership income tax return for an income year (the relevant year) on the basis of a claim for additional partnership deductions. The taxpayer lodged an application for amendment of their income tax assessment for ...
Summary: Under item 1 of the table in subsection 170(1) of the ITAA 1936, the Commissioner may amend the taxpayer's assessment within the limited amendment period to either increase or decrease the taxpayer's liability. Because of legislative amendments to section 170 of the ITAA 1936 enacted by Parliament in 2005, the...
1 December 2011
Year ended 30 June 2012
Income Tax Assessment Act 1936 section 170 subsection 170(1) subsection 170(5) subsection 170(7)
Self assessment Self amendment of assessments Tax assessments Assessment period
Explanatory Memorandum to the Taw Laws Amendment (Improvements to Self Assessment) Bill (No. 2) 2005
Administration, Business and Personal Taxes Centre of Expertise
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2011102
Keywords Self assessment Self amendment of assessments Tax assessments Assessment period
ATO ID 2010/42
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Amendment of assessments: exception to two year period of review if an individual is a beneficiary of trust estate
Does the two year time limit in item 1 in the table in subsection 170(1) of the Income Tax Assessment Act 1936 (ITAA 1936) apply to prevent the Commissioner from amending an individual's assessment where:
No. The two year time limit in item 1 in the table in subsection 170(1) of the ITAA 1936 does not apply in this case because one of the exceptions in paragraph (d) applies.
A resident individual was a beneficiary of a resident family discretionary trust. The trustee of the trust was a private company. The trust was not a small business entity within the meaning of the term in subsection 995-1(1) of the Income Tax Assessment Act 1997 (ITAA 1997). The Commissioner gave the individual a noti...
Summary: The general rule is that the Commissioner may amend an assessment of an individual for a year of income within two years after the day on which the Commissioner gives notice of the assessment to the individual (two year period to amend): item 1 in the table in subsection 170(1) of the ITAA 1936. However, there...
12 February 2010
Year ended 2004-05 and later income years
Income Tax Assessment Act 1936 subsection 6(1) section 166 subsection 166A(3) section 169 subsection 170(1)
Amendment of assessments Self assessment Trustees Trusts
Explanatory Memorandum to the Tax Laws Amendment (Improvements to Self Assessment) Bill (No. 2) 2005.
Administration, Business and Personal Taxes Centre of Expertise
false
https://www.ato.gov.au/law/view/document?docid=AID/AID201042
Minor changes to clarify facts and improve readability | Amended to clarify the assessment provision that may apply to the trustee in these circumstances | Minor changes to improve readability | Inserted reference to section 169 | Keywords Amendment of assessments Self assessment Trustees Trusts
ATO ID 2010/226
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Amendment of assessments: time limits for amending assessments where Regulation 20 of the Income Tax Regulations 1936 applies and the matters for which assessments may be amended
Where the Commissioner determines that section 45B of the Income Tax Assessment Act 1936 (ITAA 1936) applies to a taxpayer and therefore, the taxpayer is subject to the four year amendment period as prescribed by Regulation 20 of the Income Tax Regulations 1936 (Regulation 20), is the Commissioner limited in his amendm...
No. Once the Commissioner determines that Regulation 20 applies to the taxpayer, the Commissioner is not limited to amending the taxpayer's assessment only in relation to section 45B of the ITAA 1936. The Commissioner may amend the taxpayer's assessment concerning any matter within the prescribed amendment period, bein...
As a result of a corporate restructure, shares were transferred to an individual taxpayer who was a shareholder of the corporate group in the 2005-06 income year. On the same day the taxpayer acquired their shares, they disposed of them. The taxpayer lodged their tax return for the 2005-06 income year in 2006 and was g...
Summary: The two year amendment period in item 1 in the table in subsection 170(1) of the ITAA 1936 is subject to the exceptions or 'qualifications' in that item. One such qualification is paragraph (f) which provides that the two year amendment period does not apply 'in any other circumstances prescribed by the regula...
6 December 2010
Year ended 30 June 2006
Income Tax Assessment Act 1936 section 45B paragraph 45B(3)(b) section 45C subsection 170(1)
Amendment of assessments Assessment period
Administration, Business and Personal Taxes Centre of Expertise
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2010226
Keywords Amendment of assessments Assessment period
ATO ID 2012/57
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Assessments for the 2003-04 and earlier nil years: notifying the Commissioner in the approved form for the purposes of item 4 of the table in subsection 171A(1) of the Income Tax Assessment Act 1936
Does disclosure by a company of an amount of tax losses deducted at label R of item 7 of its company income tax return for the 2004-05 income year provide notification to the Commissioner, in the approved form, for the purposes of item 4 of the table in subsection 171A(1) of the Income Tax Assessment Act 1936 (ITAA 193...
Yes, where a company is not required to complete the Losses schedule 2005 and it discloses an amount of tax losses deducted at label R of item 7 of its company income tax return for the 2004-05 income year, it is at this point that the company notifies the Commissioner, in the approved form, that it had a tax loss in a...
Company X incurred a tax loss in the 2002-03 income year and consequently lodged a nil liability company income tax return for the 2002-03 income year in June 2004. Company X utilised a portion of this carried forward loss in the 2003-04 income year and carried forward the remainder to the 2004-05 income year where the...
Summary: Section 171A of the ITAA 1936 limits the period within which the Commissioner can make an original assessment for nil liability income tax returns for the 2003-04 and earlier income years. Essentially, an original assessment can only be made for these nil years within a limited period according to the circumst...
20 June 2012
Year ended 30 June 2003
Income Tax Assessment Act 1936 section 171A subsection 171A(1)
Carry forward losses Losses carried forward Original assessments Tax loss Unused carry forward losses
Private Groups and High Wealth Individuals
false
https://www.ato.gov.au/law/view/document?docid=AID/AID201257
Keywords Carry forward losses Losses carried forward Original assessments Tax loss Unused carry forward losses
ATO ID 2010/223
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Fuel tax credits: GST groups - applications for private rulings
Does section 70-5 of the Fuel Tax Act 2006 (FTA) prevent an entity that is a member of a GST group, but is not the representative member of the group, from applying for a private ruling in relation to transactions they enter into that affect the net fuel amount of the group?
Yes. Section 70-5 of the FTA prevents an entity that is a member of a GST group, but is not the representative member of that group, from applying for a private ruling in relation to transactions they enter into that affect the net fuel amount of the group because the right to seek the ruling has transferred to the rep...
An entity is a member of a GST group. The entity is not the representative member of the GST group. The entity enters into a transaction that affects the net fuel amount of the GST group.
Summary: Division 357 of Schedule 1 to the Taxation Administration Act 1953 (TAA) sets out common rules that apply to rulings. Under paragraph 357-55(i) of Schedule 1 of the TAA, a ruling can be made in relation to a net fuel amount, or the administration, collection or payment of a net fuel amount. Subsection 359-5(1)...
3 December 2010
Fuel Tax Act 2006 section 70-5 section 110-5
Fuel tax credits FTC general FTC fuel tax FTC fuel tax law FTC net fuel amount FTC indirect tax ruling FTC indirect tax law Private ruling Private rulings
Indirect Tax
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2010223
Keywords Fuel tax credits FTC general FTC fuel tax FTC fuel tax law FTC net fuel amount FTC indirect tax ruling FTC indirect tax law Private ruling Private rulings
ATO ID 2003/78
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Group company net capital loss transfers: valid transfer agreement - single document with multiple agreements
Can a loss company validly transfer various amounts of net capital losses to two or more gain companies in a single document (the Document) for the purposes of section 170-150 of the Income Tax Assessment Act 1997 (ITAA 1997)?
Yes. As the Document satisfies the requirements of subsection 170-150(2) of the ITAA 1997, the fact that it incorporates several written agreements does not of itself invalidate those agreements.
The public officer of a loss company and the public officer of several gain companies in a wholly owned group agreed for the loss company to transfer various amounts of net capital loss incurred by the loss company to the several gain companies in respect of an income year that ended after 30 June 1998. Rather than pre...
Summary: Subsection 170-150(1) of the ITAA 1997 requires that a transfer of a net capital loss must be made by a written agreement. The ITAA 1997 does not prescribe that the written agreement must be in any particular form. However, subsection 170-150(2) of the ITAA 1997 states that the agreement must: As the Document ...
23 January 2003
Year ended 30 June 2002
Income Tax Assessment Act 1997 Subdivision 170-B section 170-150 subsection 170-150(1) subsection 170-150(2) paragraph 170-150(2)(d)
Taxation Ruling TR 98/12
ATO ID 2003/123 | ATO ID 2003/124
Group company loss transfers Company losses Carry forward losses Losses Current year losses Losses CoE
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID200378
Related Public Rulings (including Determinations) Taxation Ruling TR 98/12 | Keywords Group company loss transfers Company losses Carry forward losses Losses Current year losses Losses CoE
ATO ID 2003/351
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Group company loss transfers: net capital loss incurred during part of capital loss year after loss company became a member of a wholly-owned group
Can a net capital loss, incurred by a loss company during the part of the capital loss year after it became a member of a wholly-owned group, be transferred to a gain company within the same group under Subdivision 170-B of the Income Tax Assessment Act 1997 (ITAA 1997)?
No. A net capital loss transfer is not permitted because the loss company was not a member of the same wholly-owned group as the gain company for the entire capital loss year, as required under subsection 170-130(2) of the ITAA 1997.
A company (the 'loss company') became a member of the same wholly-owned group as another company (the 'gain company') following the acquisition of the shares in the loss company by the holding company of the group during an income year (the 'capital loss year'). The loss company incurred a net capital loss during the p...
Summary: As a condition for transferring a net capital loss, subsection 170-130(2) of the ITAA 1997 requires that both the loss company and the gain company must be members of the same wholly-owned group at all times during the capital loss year, the application year and intervening years when both companies were in ex...
12 March 2003
Year ended 30 June 2003
Income Tax Assessment Act 1997 Subdivision 170-B subsection 170-130(2) subsection 975-100(1)
Group company loss transfers Transferred losses
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2003351
Keywords Group company loss transfers Transferred losses
ATO ID 2002/964
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital gains tax: trusts: calculation of beneficiary's net capital gain
Can a beneficiary reduce the share of a trust's net income that is included in their assessable income under section 97 of the Income Tax Assessment Act 1936 (ITAA 1936), by its prior year capital losses?
o. The beneficiary can only apply their capital losses against the extra capital gains that they are taken to have made under Subdivision 115-C of the Income Tax Assessment Act 1997 (ITAA 1997).
An Australian resident beneficiary, who is not under a legal disability, is presently entitled to a share of trust income in the 2002 income year. The beneficiary's share of the net income of the trust for the 2002 income year is attributable to a discount capital gain of $5 million. The beneficiary had a $15 million n...
Summary: A beneficiary who is not under a legal disability and who is presently entitled to a share of the income of a trust must include in their assessable income their share of the net income of the trust estate (section 97 of the ITAA 1936). Subdivision 115-C of the ITAA 1997 sets out rules that affect the calculat...
2 September 2002
Year ended 30 June 2002
Income Tax Assessment Act 1936 section 97
Capital gains tax Trusts CGT discount Net capital gain
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2002964
Note: This ATO ID contains a view in respect of section 97 of the Income Tax Assessment Act 1936 and Subdivision 115 -C of the Income Tax Assessment Act 1997 as they operated prior to amendments introduced by the Tax Law Amendment (2011 Measures No. 5) Act 2011 (including the introduction of Division 6E of Part III of ...
ATO ID 2001/799
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital gains tax: capital losses: rights in relation to non-resident company
Has any CGT event in Division 104 of the Income Tax Assessment Act 1997 (ITAA 1997) happened to enable the taxpayer to make a capital loss in relation to their right to sue a Thai securities firm?
No. As no CGT event in Division 104 of the ITAA 1997 has happened to the right to sue the securities firm, the taxpayer is unable to claim a capital loss. If a CGT event occurs in relation to the taxpayer's rights in the future, the taxpayer may make a capital loss at that time.
The taxpayer received an offer to invest in a non-resident company through a securities firm based in Thailand. The taxpayer forwarded US dollars to the firm's bank accounts overseas. The taxpayer has not received share certificates for their investment. The Thai securities firm has been under investigation by authorit...
Summary: Section 102-20 of ITAA 1997 provides that you make a capital gain or capital loss if and only if a CGT event happens. The gain or loss is made at the time of the CGT event. If the taxpayer's investment has been embezzled the relevant CGT asset will be the right to sue the Thai securities firm to seek compensat...
28 November 2001
Year ended 30 June 2001
Income Tax Assessment Act 1997 section 102-20 section 104-25 subsection 104-25(1)
ATOID 2001/800
Capital gains tax Capital losses Confirmed significant issues CGT events C1-C3 - end of a CGT asset
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2001799
Keywords Capital gains tax Capital losses Confirmed significant issues CGT events C1-C3 - end of a CGT asset
ATO ID 2010/121
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital gains tax: amalgamation of controlled foreign companies - cancellation of shares - capital proceeds for CGT event C2
What are the capital proceeds under Division 116 of the Income Tax Assessment Act 1997 ( ITAA 1997) from the cancellation of shares in a controlled foreign company as a result of the company amalgamating with another controlled foreign company in accordance with specific legislation in their jurisdiction of residence?
The capital proceeds are nil. Having regard to the legislation governing the amalgamation, no money or property is received, or entitled to be received, in respect of the cancellation of the shares for the purposes of section 116-20 of the ITAA 1997. While the market value substitution rule in subsection 116-30(1) of t...
A resident company wholly owns a non-resident subsidiary (Z Co). Z Co wholly owns another non-resident subsidiary (Y Co). Z Co and Y Co amalgamate in accordance with specific legislation in the jurisdiction in which they both reside. Z Co will continue as the amalgamated company. The relevant legislation provides that ...
Summary: Under subsection 116-20(1) of the ITAA 1997, the capital proceeds from a CGT event are the total of the money received (or entitled to be received) and the market value of property received (or entitled to be received) in respect of the event happening. As the relevant legislation prohibits Z Co from receiving...
7 May 2010
Year ended 30 June 2004
Income Tax Assessment Act 1997 section 104-25 Division 116 section 116-20 subsection 116-20(1) subsection 116-30(1) subsection 116-30(3A) Division 727
ATO ID 2006/265 | ATO ID 2006/266
Capital gains Capital gains tax CGT capital proceeds CGT capital proceeds modification market value substitution rule CGT events CGT events C1-C3 - end of a CGT asset
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2010121
Keywords Capital gains Capital gains tax CGT capital proceeds CGT capital proceeds modification market value substitution rule CGT events CGT events C1-C3 - end of a CGT asset
ATO ID 2003/517
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital gains: capital proceeds arising from the grant of a licence to use premises
Is a licencee's undertaking to pay ongoing licence fees for the use of facilities included in the licensor's capital proceeds for CGT event D1 (section 104-35 of the Income Tax Assessment Act 1997 (ITAA 1997))?
No. A licencee's undertaking to pay on-going licence fees is not included in capital proceeds for CGT event D1 (section 104-35 of the ITAA 1997) because the undertaking is not received by the licensor 'in respect of the event happening' for the purposes of paragraph 116-20(1)(b) of the ITAA 1997.
A Licence Agreement was entered into between Company A and Company B after 20 September 1985. Under the Licence Agreement, Company A was granted a non-exclusive right to use port facilities by Company B in consideration for a Licence Fee. The Licence Fee is to be paid over the term of the Licence from income generated ...
Summary: CGT event D1 happens if a taxpayer creates a contractual right or other legal or equitable right in another entity (subsection 104-35(1) of the ITAA 1997). In the present case, CGT event D1 happens when Company B enters into the Licence Agreement with Company A. Company B has created a right to use the port fa...
7 March 2003
Year ended 30 June 2003
Income Tax Assessment Act 1997 section 104-35 subsection 104-35(3) subsection 116-20(1) paragraph 116-20(1)(b)
Capital gains tax CGT capital proceeds CGT events D1 - D3 Bringing into existence a CGT asset
Private Groups and High Wealth Individuals
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2003517
Remove legislative reference - Section 109-10 | Keywords Capital gains tax CGT capital proceeds CGT events D1 - D3 Bringing into existence a CGT asset
ATO ID 2003/635
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
CGT: Capital proceeds payable by instalments - not all received - no reduction of capital proceeds received
Where the 'consideration in respect of the disposal of an asset' is payable by instalments over time, is that consideration later reduced under former paragraph 160ZD(1)(a) of the Income Tax Assessment Act 1936 (ITAA 1936) if some of the monies are ultimately not received as a result of the vendor agreeing, several yea...
No. The consideration in respect of the disposal determined under former paragraph 160ZD(1)(a) of the ITAA 1936, is not reduced by that provision if some of the monies are ultimately not received because that provision, by itself, does not allow such a reduction.
In 1995 the taxpayer entered into a contract for the sale of an asset to an unrelated purchaser. The selling price under the contract was payable in ten equal annual payments with interest on the unpaid balance from time to time. The contract was completed on the day it was entered into, and at that time, the vendor wa...
Summary: Where the proceeds from the disposal of an asset in 1995 are payable by instalments over time, they constitute money or an entitlement to money, and thus, the full amount receivable forms part of the 'consideration in respect of the disposal of the asset' under former paragraph 160ZD(1)(a) of the ITAA 1936. If...
14 October 2002
Year ended 30 June 1995
Income Tax Assessment Act 1936 subsection 160ZD(1) paragraph 160ZD(1)(a) section 160ZF
ATO ID 2003/636 | ATO ID 2003/637 | ATO ID 2003/638
Capital gains tax CGT capital proceeds
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2003635
Keywords Capital gains tax CGT capital proceeds
ATO ID 2003/636
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
CGT: Capital proceeds payable by instalments - non-receipt rule
Where the 'consideration in respect of the disposal of an asset' is payable by instalments over time, does former section 160ZF of the Income Tax Assessment Act 1936 (ITAA 1936) apply to later reduce that consideration if some of the monies are ultimately not received as a result of the vendor agreeing, several years a...
No. Former section 160ZF of the ITAA 1936 does not apply to reduce the consideration in respect of the disposal of an asset if the vendor later agrees to a reduction in the amount owing.
In 1995 the taxpayer entered into a contract for the sale of an asset to an unrelated purchaser. The selling price under the contract was payable in ten equal annual payments with interest on the unpaid balance from time to time. The contract was completed on the day it was entered into, and at that time, the vendor wa...
Summary: Former subsection 160ZF(1) of the ITAA 1936 applies, in certain circumstances, to reduce the consideration in respect of the disposal of an asset where the whole or a part of the consideration has not been, and is not likely to be, received. As a result, the capital gain arising from the disposal would accordi...
14 October 2002
Year ended 30 June 1995
Income Tax Assessment Act 1936 section 160ZF subsection 160ZF(1) subsection 160ZF(2)
ATO ID 2003/635 | ATO ID 2003/637 | ATO ID 2003/638
Capital gains tax CGT capital proceeds
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2003636
Keywords Capital gains tax CGT capital proceeds
ATO ID 2003/774
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital Gains Tax: capital proceeds - shares held in escrow
Are shares received for the sale of a CGT asset included in the capital proceeds for the sale under subsection 116-20(1) of the Income Tax Assessment Act 1997 (ITAA 1997) if the shares are subject to a deed of escrow which imposed a restriction on dealing in the shares?
Yes. The restrictions on dealing in the shares imposed by the deed of escrow do not prevent them being property received in respect of the sale and therefore capital proceeds under paragraph 116-20(1)(b) of the ITAA 1997. This means the value of the shares at the time of the sale must be taken into account in working o...
The taxpayer sold the assets of their business in the 1999-2000 income year. Consideration received by the taxpayer for the sale included shares in the company that purchased the business. On settlement the shares were registered in the taxpayer's name. However, it was a condition of the issue of the shares to the taxp...
Summary: The sale of the taxpayer's business caused CGT event A1 in section 104-10 of the ITAA 1997 to happen. The capital proceeds from a CGT event are the total of the money and the market value of other property received in respect of the event: subsection 116-20(1) of the ITAA 1997. The market value of other proper...
24 July 2003
Year ended 30 June 2000
Income Tax Assessment Act 1997 section 104-10 subsection 116-20(1) paragraph 116-20(1)(b)
Capital gains Capital gains tax CGT capital proceeds Property law Shares
Small Business/Individual Taxpayers
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2003774
Keywords Capital gains Capital gains tax CGT capital proceeds Property law Shares
ATO ID 2010/55
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital gains tax: Australian source capital gains made by a resident trust for CGT purposes
Is the trustee of a resident trust for CGT purposes assessable under paragraph 98(3)(a) of the Income Tax Assessment Act 1936 (ITAA 1936) in relation to an individual non-resident beneficiary's share of the net income of a trust estate that is attributable to capital gains arising from the sale, in Australia, of shares...
Yes. The trustee is assessable under paragraph 98(3)(a) of the ITAA 1936 because:
The taxpayer is the trustee of a resident trust for CGT purposes. The trust is not a fixed trust as defined in subsection 995-1(1) of the Income Tax Assessment Act 1997 (ITAA 1997). A beneficiary of the trust is an individual who was a non-resident throughout the income year. The beneficiary was presently entitled to a...
Summary: A resident trust for CGT purposes must include in the calculation of its net capital gain, capital gains and capital losses from CGT events happening to its worldwide assets. The net capital gain is then included in the trust's net income calculated in accordance with subsection 95(1) of the ITAA 1936. Broadly...
25 February 2010
Year ended 30 June 2007
Income Tax Assessment Act 1997 section 855-15 subsection 855-25(1) subsection 855-40(3) subsection 995-1(1)
ATO ID 2010/54
Capital gains tax Non-resident individuals Trusts Shares CGT asset CGT taxable Australian assets
Australian Machinery & Investment Co Ltd v Deputy Commissioner of Taxation (WA) (1946) 180 CLR 9 (1946) 3 AITR 359 (1946) 8 ATD 81
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID201055
Note: This ATO ID contains a view in respect of section 98 of the Income Tax Assessment Act 1936 as it operated prior to amendments introduced by the Tax Law Amendment (2011 Measures No. 5) Act 2011 (including the introduction of Division 6E of Part III of the Income Tax Assessment Act 1936 ). Except in the case of som...
ATO ID 2004/920
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital Gains Tax: portfolio transfer of general insurance liabilities - acquisition of asset by transferor as against transferee
Does a general insurer, upon a full portfolio transfer, acquire a CGT asset, as against the transferee, for the purposes of Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997 (ITAA 1997) where the insurer undertook a full portfolio transfer by entering into a scheme for the transfer or amalgamation of insurance bu...
No. The general insurer does not acquire a CGT asset for the purposes of Parts 3-1 and 3-3 of the ITAA 1997, upon a full portfolio transfer, where the full portfolio transfer was undertaken in accordance with Division 3A of Part III of the Insurance Act and the portfolio transfer results in the general insurer having n...
The transferor is a general insurance company for the purposes of section 995-1 of the ITAA 1997 and the Insurance Act. The transferor undertook a full portfolio transfer by entering into a scheme for the transfer or amalgamation of insurance business under Division 3A of Part III of the Insurance Act (the scheme), whe...
Summary: In Federal Commissioner of Taxation v. Orica Limited (1998) 194 CLR 500; 98 ATC 4494; (1998) 39 ATR 66 (the Orica Case ) the taxpayer (Orica) entered into an agreement with the Melbourne Metropolitan Board of Works (MMBW) whereby MMBW agreed to assume Orica's obligations to repay the principal amounts due on d...
1 November 2004
Year ended 30 June 2004
Income Tax Assessment Act 1997 Part 3-1 Part 3-3 section 995-1
ATO ID 2004/910 | ATO ID 2004/911 | ATO ID 2004/912 | ATO ID 2004/913 | ATO ID 2004/914 | ATO ID 2004/915 | ATO ID 2004/916 | ATO ID 2004/917 | ATO ID 2004/918 | ATO ID 2004/919 | ATO ID 2004/921 | ATO ID 2004/922 | ATO ID 2004/923 | ATO ID 2004/924 | ATO ID 2004/925 | ATO ID 2004/926 | ATO ID 2004/927 | ATO ID 2004/92...
General insurance General insurance industry Capital gains tax
Federal Commissioner of Taxation v. Orica Ltd (1998) 194 CLR 500 98 ATC 4494
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2004920
Keywords General insurance General insurance industry Capital gains tax
ATO ID 2004/936
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital Gains Tax: consequences of barring estate tail
Are there any capital gains tax (CGT) implications when a taxpayer, who owns an estate in fee tail in a property, bars the tail and obtains an estate in fee simple in the property?
No. There are no CGT implications when an estate in fee tail is barred. The owner of the property is not taken to have acquired any asset for the purposes of Division 109 of the Income Tax Assessment Act 1997 (ITAA 1997) when the fee tail is barred.
As a result of the death of an individual before 20 September 1985, the taxpayer acquired an estate in fee tail in a property that the deceased person had owned at the time of their death. The taxpayer wishes to bar the fee tail and obtain an estate in fee simple in the property. Once the taxpayer has obtained the fee ...
Summary: Under the deceased's will the taxpayer obtained an estate in fee tail in a property. An estate in fee tail is an interest in property which is less than a fee simple. An estate in tail can only descend to lineal descendants of the donee. If the line ended, then the estate would revert to the original donor or ...
28 October 2004
Year ended 30 June 2005
Income Tax Assessment Act 1997 Division 104 subsection 104-10(5) Division 109 section 128-15 subsection 128-15(2)
Taxation Determination TD 93/37
Acquisition dates CGT deceased estates Deceased estates Heirs Wills
Re Gaskell and Walters' Contract [1906] 2 Ch 1
Small Business/Individual Taxpayers
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2004936
Related Public Rulings (including Determinations) Taxation Determination TD 93/37 | Keywords Acquisition dates CGT deceased estates Deceased estates Heirs Wills
ATO ID 2003/46
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital Gains Tax: CGT event - poker machine entitlement acquired by a NSW hotelier
Did a CGT event happen under Division 104 of the Income Tax Assessment Act 1997 (ITAA 1997) when a NSW hotelier acquired the initial allocation of a poker machine entitlement under paragraph 15(1)(a) of the Gaming Machines Act 2001 (NSW)?
No. There was no CGT event under Division 104 of the ITAA 1997 when the hotelier acquired the initial allocation of a poker machine entitlement under paragraph 15(1)(a) of the Gaming Machines Act 2001 (NSW).
Prior to the commencement of the Gaming Machines Act 2001 (NSW) (Gaming Machines Act), hoteliers in NSW were authorised to hold poker machines under the Liquor Act 1982 (NSW) (Liquor Act). On the commencement of the Gaming Machines Act, an initial allocation of poker machine entitlements was made under paragraph 15(1)(...
Summary: Legal rights fall within the definition of 'CGT asset' at subsection 108-5(1) of the ITAA 1997. The rights pertaining to each approved poker machine, kept in a hotel, for which a poker machine entitlement was allocated, were effectively carried over from the Liquor Act to the Gaming Machines Act. This was faci...
27 November 2002
Year ended 30 June 2002
Income Tax Assessment Act 1997 Division 104 subsection 108-5(1)
Amusement & gambling equipment Capital gains tax CGT assets CGT events
Private Groups and High Wealth Individuals
false
https://www.ato.gov.au/law/view/document?docid=AID/AID200346
This ATO ID has been amended by the inclusion of a note to cover the identical situation with regard to registered clubs that was dealt with in withdrawn ATO ID 2003/47. This document incorporates revisions made since original publication. View its history and amending notices, if applicable. | Minor punctuation amendm...
ATO ID 2003/551
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital Gains Tax: foreign exchange gains or losses
Does the definition of Capital Gains Tax (CGT) asset include bank accounts denominated in a foreign currency so that deposits or withdrawals will be subject to the provisions of Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997 (ITAA 1997)?
Yes. Bank accounts denominated in a foreign currency are CGT assets and the provisions in Parts 3-1 and 3-3 of the ITAA 1997 apply to any deposits or withdrawals made by Australian residents to the bank accounts.
An Australian resident subsidiary of an offshore parent company acts as a retailer for goods produced by various subsidiaries of the Group and has acted as a 'banker' for the Group. The Australian resident subsidiary has a United States dollar (USD) bank account and a USD short-term deposit account. These accounts are ...
Summary: Under section 108-5 of the ITAA 1997, foreign currency is a CGT asset. However, bank accounts denominated in a foreign currency are not foreign currency but rather a chose in action, or more specifically a debt (or debts), denominated in a foreign currency. The depositing of foreign currency into a bank accoun...
22 May 2003
Year ended 31 March 1997 Year ended 31 March 1998 Year ended 31 December 1998 Year ended 31 December 1999 Year ended 31 December 2000 Year ended 31 December 2001 Year ended 31 December 2002
Income Tax Assessment Act 1997 section 103-20 section 104-25 section 108-5 section 112-30 subsection 960-50(6)
Bank accounts Foreign exchange gains Foreign exchange losses Net capital gains
Joachimson v. Swiss Bank Corporation [1921] 3 KB 110
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2003551
This ATO ID has been amended to remove reference to section 103-20 which has been repealed and replaced by item 5 of the table in section 960-50(6) of the ITAA. | Keywords Bank accounts Foreign exchange gains Foreign exchange losses Net capital gains
ATO ID 2003/595
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital Gains Tax: assignment of fixtures attached to land
For the purposes of Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997 (ITAA 1997), did the taxpayer acquire ownership of fixtures separately from the leasehold interest in the land to which the fixtures were attached?
No. The taxpayer acquired only one asset for the purposes of Parts 3-1 and 3-3 of the ITAA 1997 - rights under a contract.
A contract for the sale of business was entered into between two entities. Under that contract: The purchaser/lessee has no right to remove the fixtures and must surrender them for their market value at the termination of the lease.
Summary: Although the contract of sale between the parties evidences an intention to transfer ownership of the fixtures to the purchaser, an issue arises as to whether there was a transfer of those fixtures at law or in equity. Fixtures are chattels that are annexed to the land and are treated in law as part of the lan...
19 June 2003
Year ended 30 June 2003
Income Tax Assessment Act 1997 Part 3-1 Part 3-3
Taxation Determination TD 93/86
Acquisition of CGT assets Capital gains tax CGT events D1 - D3 - bringing into existence a CGT asset
Eastern Nitrogen Ltd v. Federal Commissioner of Taxation (2001) 108 FCR 27 2001 ATC 4164
Halsbury's Laws of Australia, vol. 19, paragraph 315-20
Public Groups and International
false
https://www.ato.gov.au/law/view/document?docid=AID/AID2003595
Related Public Rulings (including Determinations) Taxation Determination TD 93/86 | Keywords Acquisition of CGT assets Capital gains tax CGT events D1 - D3 - bringing into existence a CGT asset
ATO ID 2011/26
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital gains tax: assignment of renewable energy certificates
Are there any consequences under Part 3-1 of the Income Tax Assessment Act 1997 (ITAA 1997) for the prospective owner of a small generation unit or a solar water heater, if they use their right to create a renewable energy certificate (REC) to acquire the unit or heater?
No, there are no consequences under Part 3-1 of the ITAA 1997 in these circumstances for the prospective owner of the generation unit or solar water heater.
You have contracted to have a solar power generation unit installed. The unit is an eligible small generation unit for the purposes of the Renewable Energy (Electricity) Act 2000 (the REE Act) Following your purchase and installation of the generation unit a statutory right arises under the REE Act entitling you as the...
Summary: The right to create RECs is a CGT asset. The right arises under the REE Act (Taxation Determination TD 1999/77). CGT event A1 happens if a change in ownership occurs from you to another entity, whether because of some act or event or by operation of law (subsection 104-10(2) of the ITAA 1997). The transfer of ...
16 March 2011
Year ended 30 June 2011
Income Tax Assessment Act 1997 subsection 104-10(2)
Taxation Determination TD 1999/77
ATO ID 2003/775 | ATO ID 2003/790
Capital gains Capital gains tax CGT events CGT event A1 -disposal of a CGT asset
Private Groups and High Wealth Individuals
false
https://www.ato.gov.au/law/view/document?docid=AID/AID201126
Related Public Rulings (including Determinations) Taxation Determination TD 1999/77 | Keywords Capital gains Capital gains tax CGT events CGT event A1 -disposal of a CGT asset
ATO ID 2010/72
CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision. This ATOID provides you with the following level of prote...
Capital gains tax: trustee ceasing to hold an asset on trust and commencing to hold it in its own capacity - CGT event A1
Does CGT event A1 in section 104-10 of the Income Tax Assessment Act 1997 ( ITAA 1997) happen if a company ceases to hold a CGT asset in its capacity as trustee of a trust and commences to hold the asset in its own capacity?
Yes. CGT event A1 in section 104-10 of the ITAA 1997 happens because there is a change in ownership of the asset from one entity (the company acting in its capacity as trustee) to another entity (the company acting in its own capacity).
The trustee of a unit trust holds a CGT asset on trust. The trustee is an Australian resident and is a company limited by shares. As part of a restructure, the trustee ceases to hold the asset on trust and commences to hold the asset in its own capacity as a company. The unit holders under the restructure exchange thei...
Summary: CGT event A1 in section 104-10 of the ITAA 1997 happens if there is a disposal of a CGT asset. Under subsection 104-10(2) of the ITAA 1997, a disposal of a CGT asset occurs if there is a change in ownership of the asset from one entity to another entity. The term 'entity' is defined in section 960-100 of the I...
2 March 2010
Year ended 30 June 2010
Income Tax Assessment Act 1997 section 104-10 subsection 104-10(2) Subdivision 124-N section 960-100 paragraph 960-100(1)(b) subsection 960-100(3)
ATO ID 2002/808
Capital gains tax CGT events CGT event A1 - disposal of a CGT asset CGT roll-over relief CGT same asset roll-over
Private Groups and High Wealth Individuals
false
https://www.ato.gov.au/law/view/document?docid=AID/AID201072
Keywords Capital gains tax CGT events CGT event A1 - disposal of a CGT asset CGT roll-over relief CGT same asset roll-over
End of preview. Expand in Data Studio

ATO Tax Legal Rulings — Structured AI Dataset

Australian tax law dataset — ATO Interpretative Decisions, public rulings, determinations, practical compliance guidelines, and taxpayer alerts, plus the full text and amendment history of the ATO-administered Acts (ITAA 1997, ITAA 1936, GST Act, TAA 1953 and more) sourced from the Federal Register of Legislation — structured for legal RAG, LLM fine-tuning, and tax research automation. 60,000+ ATO documents as RAG-ready NDJSON/CSV.

Machine-readable extracts of Australian Tax Office (ATO) legal documents, scraped from the ATO Legal Database. Each row is one ruling, decision, or guideline — fully parsed into structured columns (CSV) or JSON fields (NDJSON), with all multi-value entries pipe-delimited for downstream NLP, RAG ingestion, and legal AI over Australian tax law (ITAA 1997, ITAA 1936, GST Act).

The dataset also includes a legislation layer built from the Federal Register of Legislation: the principal ATO-administered Acts split into one row per provision, a reconstructed per-section amendment history from Crown-copyright FRL endnotes).

File formats

Each dataset is published in two parallel files with identical content and field order:

Format Filename pattern Best for
CSV (UTF-8) <dataset>.csv Pandas, spreadsheets, SQL bulk-load
NDJSON / JSON Lines <dataset>.jsonl datasets.load_dataset(), streaming, jq, DuckDB, RAG ingestion

JSON keys are identical to CSV column names — the schema tables below describe both formats.


Contents


Dataset Splits

Split Document Type Est. Documents Coverage CSV file NDJSON file
edited_private_advice Edited Private Advice (EPA) — all years in one file ~50,000 2011–present edited_private_advice_all.csv edited_private_advice_all.jsonl
ato_interpretative_decisions ATO Interpretative Decisions (ATO ID) ~10,000 All years ato_interpretative_decisions.csv ato_interpretative_decisions.jsonl
public_rulings Public Rulings & Determinations ~5,500 All years public_all.csv public_all.jsonl
practical_compliance_guidelines Practical Compliance Guidelines (PCG) ~110 All years practical_compliance_guidelines.csv practical_compliance_guidelines.jsonl
taxpayer_alerts Taxpayer Alerts (TA) — ATO's early-warning watch list ~150 2002–present taxpayer_alerts_all.csv taxpayer_alerts_all.jsonl
decision_impact_statements Decision Impact Statements (DIS) — ATO's response to court rulings ~555 2006–present decision_impact_statements_all.csv decision_impact_statements_all.jsonl
law_admin_practice_statements Law Administration Practice Statements (PS LA) ~500 All years law_admin_practice_statements_all.csv law_admin_practice_statements_all.jsonl
legislative_instruments Legislative Instruments (OPS) — instruments, determinations, and notices made under tax legislation ~950 All years legislative_instruments_all.csv legislative_instruments_all.jsonl
frl_principal_legislation Principal legislation — current text of every section of the 22 ATO-administered Acts (ITAA 1997/1936, GST, FBTAA, TAA, super, fuel tax…) ~10,000 sections Current compilation frl_principal_legislation_all.csv frl_principal_legislation_all.jsonl
frl_legislation_history Amendment history — one row per amendment event (which provision, what action, which amending Act, commencement date) ~43,000 events 1986–present frl_legislation_history_all.csv frl_legislation_history_all.jsonl
frl_legislation_with_history Legislation + history notes — each section joined to its chronological amendment history (the ATO "see history notes" view, rebuilt from FRL) ~10,000 sections Current + history frl_legislation_with_history_all.csv frl_legislation_with_history_all.jsonl

Quick Start

Option A — NDJSON via datasets (recommended for ML)

from datasets import load_dataset

# Use a named config — viewer-friendly, strongly typed schema
ds = load_dataset(
    "simplelex/ATO-Australian-Tax-Law-Dataset",
    "edited_private_advice",
    split="train",
)
print(ds[0])

# Available configs: edited_private_advice · ato_interpretative_decisions · public_rulings
#   practical_compliance_guidelines · taxpayer_alerts · decision_impact_statements
#   law_admin_practice_statements · legislative_instruments · frl_principal_legislation
#   frl_legislation_history · frl_legislation_with_history

Option B — NDJSON via pandas

import pandas as pd

df = pd.read_json("edited_private_advice_all.jsonl", lines=True)
active = df[df["Is_Archived"] == False]
print(active[["Authorisation_Number", "Subject", "Date_of_Advice"]].head())

Option C — CSV via pandas

import pandas as pd

df = pd.read_csv("edited_private_advice_all.csv")
active = df[df["Is_Archived"] == False]
print(active[["Authorisation_Number", "Subject", "Date_of_Advice"]].head())

Multi-value fields (legislative references, ruling periods, related documents) use | as the internal delimiter in both formats:

# Explode pipe-delimited legislative references into one row per provision
provisions = (
    active["Relevant_Legislative_Provisions"]
    .str.split(" | ")
    .explode()
    .str.strip()
    .value_counts()
)
print(provisions.head(10))

Schema

The column tables below apply to both the CSV and NDJSON variants — every CSV column maps 1:1 to a JSON key of the same name in the corresponding .jsonl file, in the same order.

Encoding conventions

Convention Detail
Multi-value delimiter | (space-pipe-space) within a single cell / string field
Empty values Empty string "" — never NULL, N/A, or JSON null
Booleans True / False in CSV; same as JSON string values in NDJSON (the scrapers emit them as strings for round-trip parity with the CSV)
Dates Verbatim as published by the ATO — no normalisation

1. Edited Private Advice (edited_private_advice)

Private rulings issued to individual taxpayers, anonymised and edited for publication.

Column Type Nullable Description
Authorisation_Number string No Primary key. ATO-assigned identifier, e.g. 1-2ABCDEF.
Date_of_Advice string Yes Date the private advice was issued, e.g. 1 July 2024. Blank for older documents.
Subject string Yes Single-sentence topic description, e.g. Capital gains tax — main residence exemption.
Ruling string Yes All Q&A pairs concatenated: Q1: [text] | A1: [text] | Q2: [text] | A2: [text].
Ruling_Period string Yes Income years the ruling applies to: Year ending 30 June 20XX | Year ending 30 June 20XX.
Date_Scheme_Commenced string Yes Date the relevant arrangement commenced. Blank when not stated.
Relevant_Facts_and_Circumstances string Yes Full facts section, collapsed to single-space prose.
Relevant_Legislative_Provisions string Yes Act/section references, e.g. ITAA 1997 s104-10 | ITAA 1997 s116-20.
Reasons_for_Decision string Yes Summary plus all sub-headings: Summary: [text] | Detailed Reasoning - [Sub-heading]: [text].
Is_Archived boolean No True if the document carries an archival disclaimer.
Source_URL string No Full URL, e.g. https://www.ato.gov.au/law/view/document?docid=AEA/1-2ABCDEF.
Unmatched_Content string Yes Fallback capture: any article text not claimed by the structured fields (new/changed page formats), |-joined. Usually empty.

2. ATO Interpretative Decisions (ato_interpretative_decisions)

Edited summaries of Tax Office internal decisions, released under FOI obligations.

Column Type Nullable Description
ATO_ID_Number string No Primary key, e.g. ATO ID 2010/101.
Status string Yes FOI/editorial status note as published.
Title string Yes Short title of the decision.
Issue string Yes The question put to the ATO.
Decision string Yes The ATO's answer.
Facts string Yes Relevant facts and circumstances.
Reasons_for_Decision string Yes Reasoning supporting the decision.
Date_of_Decision string Yes Date the decision was made, e.g. 2010/06/15.
Year_of_Income string Yes Income year to which the decision relates.
Legislative_References string Yes Pipe-separated act/section references.
Related_Public_Rulings_and_Determinations string Yes Related TR/TD/IT references, pipe-separated.
Related_ATO_Interpretative_Decisions string Yes Related ATO ID numbers, pipe-separated.
Subject_References string Yes ATO subject taxonomy tags, pipe-separated.
Case_References string Yes Court/tribunal cases cited, full citation text preserved.
Other_References string Yes Explanatory memoranda, dictionaries and other external citations.
Business_Line string Yes ATO business line that issued the decision.
Is_Archived boolean No True if the document is archived/superseded.
Source_URL string No Full URL, e.g. https://www.ato.gov.au/law/view/document?docid=AID/2010/101.
Unmatched_Content string Yes Fallback capture: any article text not claimed by the structured fields (new/changed page formats), |-joined. Usually empty.

3. Public Rulings & Determinations (public_rulings)

Binding public rulings (TR, TD, IT, CR, PR) and legislative instruments issued by the Commissioner.

Column Type Nullable Description
Document_Reference string No Primary key, e.g. TR 2024/1.
Document_Type string No Full type name, e.g. Ruling, Determination.
Document_Type_Code string No Short code: TR, TD, IT, CR, PR, etc.
Title string Yes Full document title.
Status string Yes Final, Draft, Withdrawn.
Date_of_Issue string Yes Publication date, e.g. 1 July 2024.
Date_of_Effect string Yes Date from which the ruling applies.
Date_of_Withdrawal string Yes Withdrawal date, if applicable.
Withdrawal_Notice string Yes Full text of the Withdrawal / Notice of Withdrawal block (what was withdrawn and when); often the only record of the withdrawal date/reason when Date_of_Withdrawal is blank.
What_This_Ruling_Is_About string Yes Scope statement from the document.
Class_of_Entities_or_Scheme string Yes Who or what the ruling applies to.
Ruling string Yes The operative ruling paragraphs.
Examples string Yes Worked examples from the ruling.
Appendix_Explanation string Yes Explanatory appendix text.
Other_Appendices string Yes Any additional appendices.
Previous_Rulings string Yes Documents this ruling replaces, pipe-separated.
Related_Rulings string Yes Related ATO publications, pipe-separated.
Compendium_Reference string Yes Cross-reference to the document's Compendium (Early Commentary) doc, e.g. TR 2021/2EC.
Legislative_References string Yes Act/section references, pipe-separated.
Case_References string Yes Court/tribunal cases cited, pipe-separated.
Subject_References string Yes ATO subject taxonomy tags, pipe-separated.
ATO_References string Yes Internal ATO reference numbers.
Other_References string Yes Explanatory memoranda, dictionaries and external citations (distinct from the ATO file numbers in ATO_References).
Is_Withdrawn boolean No True if the ruling has been withdrawn.
Source_URL string No Full URL, e.g. https://www.ato.gov.au/law/view/document?docid=TR/TR_2024/1.
Unmatched_Content string Yes Fallback capture: any article text not claimed by the structured fields (new/changed page formats), |-joined. Usually empty.

4. Practical Compliance Guidelines (practical_compliance_guidelines)

Guidelines explaining how the ATO will administer specific areas of tax law, including safe harbours.

Column Type Nullable Description
PCG_Number string No Primary key, e.g. PCG 2020/2.
Document_Type string No Final PCG (published), Draft PCG (formal draft), or Compendium (EC / Early Commentary consultation draft).
Title string Yes Full document title.
Status string Yes Current (default for published PCGs), Draft (draft and EC consultation docs), or Withdrawn.
Date_of_Issue string Yes Publication date.
Date_of_Effect string Yes Date from which the guideline applies.
Date_of_Withdrawal string Yes Withdrawal date, if applicable.
Replaces string Yes Predecessor document(s), e.g. PS LA 2011/18.
Related_Rulings_and_Determinations string Yes Related ATO publications, pipe-separated.
Legislative_References string Yes Act/section references, pipe-separated.
Other_References string Yes Explanatory memoranda, dictionaries and external citations.
Summary string Yes One-paragraph executive summary.
Purpose_and_Scope string Yes Who the guideline applies to and why.
Background string Yes Context and policy history.
Compliance_Approach string Yes The ATO's stated enforcement stance, including safe harbour thresholds.
Examples string Yes Worked examples from the document.
Appendices string Yes Appendix content.
Other_Sections string Yes Any additional named sections.
Compendium_Reference string Yes Reference to associated ruling compendium, if any.
Is_Archived boolean No True if the document is archived.
Is_Draft boolean No True for Draft PCG and Compendium (EC / Early Commentary) docs; False for finalized PCGs.
Source_URL string No Full URL, e.g. https://www.ato.gov.au/law/view/document?docid=PCG/PCG_2020/2.
Unmatched_Content string Yes Fallback capture: any article text not claimed by the structured fields (new/changed page formats), |-joined. Usually empty.

5. Taxpayer Alerts (taxpayer_alerts)

The ATO's early-warning notices about tax avoidance schemes currently under review. High practitioner value: warns clients away from flagged arrangements before audit action begins.

Column Type Nullable Description
Alert_Number string No Primary key, e.g. TA 2026/1.
Title string Yes Full descriptive title of the alert.
Date_of_Issue string Yes Date issued, e.g. 14 January 2026. Blank when not stated.
Status string Yes Current or Withdrawn.
Overview string Yes Opening paragraphs describing the scheme, joined with |.
Description string Yes Detailed description of the arrangement.
Example string Yes Illustrative example, if included.
Our_Concerns string Yes The ATO's specific legal concerns.
What_ATO_Is_Doing string Yes Current ATO investigation or action status.
What_You_Should_Do string Yes Practitioner guidance on how to respond.
Related_Documents string Yes Pipe-separated document and legislative references from inline links.
Is_Withdrawn boolean No True if the alert has been withdrawn.
Source_URL string No Full document URL.
Unmatched_Content string Yes Fallback capture: any article text not claimed by the structured fields (new/changed page formats), |-joined. Usually empty.

6. Decision Impact Statements (decision_impact_statements)

The ATO's official response to court and tribunal decisions — whether it accepts the outcome, is appealing, or will update its public guidance. Critical for practitioners: a favourable court ruling means nothing if the ATO is going to the High Court.

Column Type Nullable Description
Case_Name string No Full case citation, e.g. Commissioner of Taxation v Bendel [2025] FCAFC 15.
Venue_Reference_No string Yes Court file number, e.g. VID 903 of 2023.
Venue string Yes Court or tribunal, e.g. Full Federal Court.
Judgment_Date string Yes Date of judgment, e.g. 19 February 2025.
Date_Published string Yes Date the DIS was published by the ATO.
Document_Type string No Decision Impact Statement or Interim Decision Impact Statement.
Decision_Outcome string Yes Court/tribunal result from the "Decision Outcome" section, e.g. Adverse Full Federal Court decision.
Summary_of_Decision string Yes ATO's summary of what the court decided.
Overview_of_Facts string Yes Factual background to the case.
Issues_Decided string Yes Issues concatenated: Issue 1 – [topic]: [text] | Issue 2 – [topic]: [text].
ATO_View_of_Decision string Yes The critical field — ATO's acceptance, appeal status, and guidance implications.
Administrative_Treatment string Yes How the ATO will handle pending cases and objections.
Related_Documents string Yes Pipe-separated document and legislative references.
Legislative_References string Yes Legislative-references block (Acts plus section numbers, full text).
Case_References string Yes Case-references block — full case citations including case-name text.
Subject_References string Yes ATO subject-keyword taxonomy (not present in Related_Documents).
Other_References string Yes Explanatory memoranda and external citations (distinct from the linked Related_Documents).
Is_Interim boolean No True if this is an interim statement (appeal pending).
Source_URL string No Full document URL.
Unmatched_Content string Yes Fallback capture: any article text not claimed by the structured fields (new/changed page formats), |-joined. Usually empty.

7. Law Administration Practice Statements (law_admin_practice_statements)

Internal ATO instructions to officers on how to apply the law in practice. Not legally binding on taxpayers but widely cited in audit correspondence and objection letters — practitioners use them to predict and contest ATO positions.

Column Type Nullable Description
Statement_Reference string No Primary key, e.g. PS LA 2026/1.
Title string Yes Subject line of the statement.
Date_of_Issue string Yes Date issued.
Date_of_Effect string Yes Date from which the statement applies.
Document_Type string No Law Administration Practice Statement, Draft Law Administration Practice Statement, or Law Administration Practice Statement (GA).
Has_Compendium boolean No True if a compendium exists for this statement.
Body string Yes All numbered sections concatenated: 1. [Heading]: [text] | 2. [Heading]: [text] | ….
Related_Documents string Yes Pipe-separated document and legislative references from inline links.
Related_Practice_Statements string Yes PS LA → PS LA cross-references from the "Related Practice Statements" block, split out of the mashed Related_Documents.
Legislative_References string Yes References from the Legislative References: block at end of page.
Subject_References string Yes ATO subject-keyword taxonomy from the Subject References block.
Other_References string Yes Explanatory memoranda, charters, dictionaries and external citations.
Is_Draft boolean No True if this is a draft statement.
Is_Withdrawn boolean No True if the statement has been withdrawn.
Source_URL string No Full document URL.
Unmatched_Content string Yes Fallback capture: any article text not claimed by the structured fields (new/changed page formats), |-joined. Usually empty.

8. Legislative Instruments (legislative_instruments)

Legislative instruments, determinations, and notices made by the Commissioner under tax and related legislation. Registered on the Federal Register of Legislation (FRLI). Includes current instruments, repealed instruments, and drafts for comment.

Column Type Nullable Description
Instrument_Reference string No Primary key, e.g. LI 2024/19, ABRS 2021/1. Parsed from the document H1.
Title string Yes The instrument's formal name as stated in its "Name" section (e.g. Income Tax Assessment (Effective Life of Depreciating Assets) Amendment Determination 2024). Blank for old unstructured documents (e.g. Payment Summary Notices).
Enabling_Act string Yes The empowering legislation, e.g. Income Tax Assessment Act 1997.
Document_Type string No Legislative Instrument, Determination, Data Standard, Framework, or similar as stated in the document body; inferred from heading pattern when not explicit.
Topic_Category string Yes Folder breadcrumb from the ATO tree, e.g. Current > Income tax > Deductions > Motor vehicle expenses.
Date_of_Issue string Yes Date signed by the Commissioner, e.g. 6 June 2024. Blank for some older instruments.
Signatory string Yes Name and title of the signatory, e.g. Ben Kelly Deputy Commissioner of Taxation.
Registration_Number string Yes FRLI registration number, e.g. F2024L00712. Blank for drafts and some repealed documents.
Registration_Date string Yes Date registered on the FRLI, e.g. 10 June 2024. Blank for drafts and some repealed documents.
Body string Yes All numbered sections concatenated: 1 Name: [text] | 2 Commencement: [text] | …. Falls back to all paragraph text (|-delimited) for unstructured documents with no numbered sections.
Related_Explanatory_Statements string Yes Pipe-separated references to associated explanatory statements or other related documents.
Is_Draft boolean No True for documents under the "Drafts for comment" folder.
Is_Repealed boolean No True for documents under the "Repealed or archived" folder.
Repeal_Replacement_Note string Yes Repeal/replacement relationship sentence(s), e.g. This legislative instrument repeals STP 2018/2 … — the what/by-what the Is_Repealed boolean omits.
Source_URL string No Full document URL. Resume key.
Unmatched_Content string Yes Fallback capture: any article text not claimed by the structured fields (new/changed page formats), |-joined. Usually empty.

9. Principal Legislation (frl_principal_legislation)

Current in-force text of every section of the 22 principal Acts the ATO administers — ITAA 1997 & 1936, the GST/LCT/WET Acts, FBTAA, the Taxation Administration Act, the superannuation Acts, the Fuel Tax Act, PRRTAA, the Tax Agent Services Act and more. Sourced from the Federal Register of Legislation (legislation.gov.au), Crown copyright, reused under CC BY 4.0. One row per provision.

Column Type Nullable Description
Act_Short_Name string No Short code, e.g. ITAA1997, FBTAA, GST.
Act_Title string No Full Act title, e.g. Income Tax Assessment Act 1997.
Act_Year int No Year of the Act.
Act_FRL_Id string No FRL series id, e.g. C2004A05138.
Compilation_PiT string No Compilation point-in-time; latest for the current compilation.
Provision string No Section label, e.g. s 6-5, s 136.
Provision_Key string No Normalised join key to the history datasets (s 6-5s6-5).
Heading string Yes Section heading, e.g. Income according to ordinary concepts (ordinary income).
Text string Yes Full operative text (subsections/notes/tables concatenated). * marks defined terms (FRL convention). Genuinely empty for reserved/"Map of…" navigational sections.
Source_URL string No https://www.legislation.gov.au/{Act_FRL_Id}/latest/text#{provision}.

10. Legislation Amendment History (frl_legislation_history)

One row per amendment event: which provision changed, the action taken, the amending Act, and when it commenced. Reconstructed from FRL compilation endnotes (Crown copyright, CC BY 4.0)

Column Type Nullable Description
Act_Short_Name / Act_Title / Act_Year / Act_FRL_Id No Identify the principal Act.
Provision string No Provision affected, e.g. s 5B.
Provision_Key string No Normalised key; joins to the principal dataset.
Action_Code string Yes Raw code: am amended, ad added/inserted, rep repealed, rs repealed & substituted.
Action string No Expanded verb, e.g. Amended, Inserted, Repealed.
Amending_Act_Number int No Number of the amending Act.
Amending_Act_Year int No Year of the amending Act.
Amending_Act_FRL_Id string Yes FRL id of the amending Act, e.g. C2013A00124.
Amending_Item string Yes Schedule item that made the change, e.g. Sch 11 item 10 (best-effort).
Commencement string Yes Commencement detail, e.g. Sch 11 (items 10-25, 27): 30 June 2013.
Application_Saving_Transitional string Yes Application/saving/transitional text where present.
History_Note string No Reconstructed note, e.g. Amended by No 124 of 2013, effective 30 June 2013.
Source_URL string No Stable per-event URL (resume key).

11. Legislation + History Notes (frl_legislation_with_history)

The flagship FRL dataset. A left-join of #9 and #10 on (Act, Provision_Key)one row per current section, carrying its full text AND its complete chronological amendment history. This rebuilds the ATO Legal Database's "see history notes" view from freely-licensed FRL data.

Column Type Nullable Description
Act_Short_Name / Act_Title / Act_Year / Act_FRL_Id No Identify the principal Act.
Provision / Provision_Key / Heading / Text The current section text (as in #9).
Amendment_Count int No Number of amendment events (0 = never amended).
First_Amended string Yes Earliest amending Act, e.g. No 139 of 1987.
Last_Amended string Yes Most recent amending Act.
Amending_Acts string Yes Distinct amending Acts in order, |-separated.
History_Notes string Yes Chronological reconstructed notes: Amended by No 139 of 1987, effective 18 Dec 1987 | Amended by No 145 of 1995, ….
Source_URL string No The provision's /latest/text#{provision} URL.

Use Cases

  • Fine-tuning tax LLMs — 60,000+ structured Australian tax law documents with rich reasoning fields (Reasons_for_Decision, ATO_View_of_Decision) make ready-made supervised fine-tuning examples for legal and tax domain LLMs; ideal training data for ITAA 1997 and GST Act specialists
  • Legal RAG pipelines — each row is a self-contained retrieval unit; chunk on Ruling, Reasons_for_Decision, or Compliance_Approach for high-precision retrieval over Australian tax law; compatible with any vector store or RAG framework
  • Tax research automation — query and filter across all ATO document types by Document_Type_Code, Is_Withdrawn, and Date_of_Issue to track policy evolution or surface current binding obligations automatically
  • Legal NLP — classification, summarisation, and named-entity recognition on Australian tax law; well-suited to legal-NLP, domain-specific NLP research, and text-retrieval benchmarking
  • Legislative graph construction — explode Legislative_References to build provision co-citation networks across ITAA 1997, ITAA 1936, GST Act, and more
  • Compliance tooling — filter on Document_Type_Code + Is_Withdrawn == False to surface current binding obligations; combine with ATO_View_of_Decision in DIS records to identify contested positions
  • Temporal legislation models — train/evaluate models on dated amendment events (Commencement, Amending_Act_Year) for legislative change prediction, version diffing, or "law as at date X" retrieval
  • Citation with provenance — pair Source_URL + History_Notes so generated tax answers cite the current provision and its amendment lineage and commencement date

Limitations

  • Currency — the ATO Legal Database is checked for new documents every weekday at 11 am AEST; datasets are updated automatically when new documents are detected. ATO documents may still be updated, withdrawn, or replaced between checks. Always verify against the ATO Legal Database for official or time-sensitive purposes.
  • Coverage gaps — Edited Private Advice coverage begins in 2011; earlier private advice is not available on the ATO Legal Database. GST Industry Issues (GII) documents are excluded — they lack standard article structure and do not map cleanly to the schema.
  • Parsing fidelity — content is extracted from HTML; some older documents (pre-2010) use non-standard markup that may produce blank or truncated fields. Complex tables, diagrams, and attached PDF appendices are not captured.
  • Field sparsity — many optional fields (e.g. Date_of_Withdrawal, Date_Scheme_Commenced) are blank for the majority of records, reflecting source documents that simply do not include those details.
  • Boolean encodingIs_Archived, Is_Withdrawn, Is_Draft, and similar flags are stored as the strings "True" / "False" in both CSV and NDJSON for round-trip parity; cast explicitly if your pipeline expects native booleans.
  • Australian jurisdiction only — all documents are issued by the Australian Taxation Office and relate exclusively to Australian tax law (ITAA 1997, ITAA 1936, GST Act, and related legislation). This dataset is not suitable as a general-purpose legal corpus for other jurisdictions.
  • Not legal advice — this dataset reproduces publicly available ATO materials for informational and research purposes only. It is not a substitute for professional legal or tax advice.

Support the Project

This dataset is free. If it saves you time on data engineering, a coffee is appreciated:

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Source & Licensing

This dataset draws on two official Commonwealth sources, both © Commonwealth of Australia:

  • ATO Legal Database (ato.gov.au) — the rulings, advice, determinations, alerts, DIS, PS LA and legislative-instrument datasets. Made available under Creative Commons Attribution 3.0.
  • Federal Register of Legislation (legislation.gov.au) — the principal-legislation, amendment-history and history-notes datasets (frl_*). Made available under Creative Commons Attribution 4.0. The history notes are reconstructed in our own wording from the FRL's Crown-copyright compilation endnotes.

Both source licences permit commercial use with attribution. This structured compilation is published by SimpleLex under the same Creative Commons terms.


Citation

@dataset{simplelex_ato_rulings_2026,
  author    = {SimpleLex},
  title     = {ATO Tax Legal Rulings — Structured AI Dataset},
  year      = {2026},
  publisher = {Hugging Face},
  url       = {https://huggingface.co/datasets/simplelex/ATO-Australian-Tax-Law-Dataset}
}

Terms of Service

Last updated: June 2026

What this product is

The Aussie Tax Legal Database is a structured dataset of publicly available legal documents published by the Australian Taxation Office (ATO) at ato.gov.au. Documents include Edited Private Advice, Public Rulings, Determinations, ATO Interpretive Decisions, Practical Compliance Guidelines, Taxpayer Alerts, Decision Impact Statements, and Law Administration Practice Statements. It also includes the principal Acts the ATO administers, with reconstructed amendment-history notes, sourced from the Federal Register of Legislation (legislation.gov.au). All datasets are compiled into machine-readable CSV and NDJSON format.

Permitted use

You may use this dataset for any lawful purpose, including research, analysis, building applications, and commercial projects. You do not need to ask permission. Attribution is appreciated but not required for the compilation itself.

Source material and copyright

The underlying ATO documents are published under the Creative Commons Attribution 3.0 Australia licence. The legislation datasets (frl_*) derive from the Federal Register of Legislation under the Creative Commons Attribution 4.0 licence; the amendment-history notes are reconstructed from the FRL's Crown-copyright compilation endnotes. The Commonwealth retains copyright in the original materials. This dataset is a structured compilation and does not claim copyright in the original source material.

Not legal or tax advice

Nothing in this dataset constitutes legal or tax advice. Documents are reproductions of publicly available ATO materials provided for informational purposes only. Always consult a registered tax agent or legal professional for advice about your specific situation.

Accuracy and currency

We make no warranties about the completeness, accuracy, or currency of the data. ATO documents may be updated, withdrawn, or replaced after the dataset was last scraped. Always verify against the ATO Legal Database for official or time-sensitive purposes.

No liability

To the maximum extent permitted by Australian law, simplelex accepts no liability for any direct, indirect, or consequential loss arising from use of or reliance on this dataset.

Changes

We may update these terms at any time. Continued use of the dataset following an update constitutes acceptance of the revised terms.

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