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ATO Releases – Rulings/Determinations

Tax Telegraph, August 2013

ATO Releases – Rulings/DeterminationsDecision impact statement (DIS) released on Nash

The ATO has released a DIS on Commissioner of Taxation v Nash [2013] FCA 336 in which the Federal Court held that a taxpayer was not entitled to deductions for general interest charge (GIC) accrued amounts until such time as a notice of assessment was issued.

The ATO is of the view that the decision is consistent with its long-standing view that income tax (and any GIC on unpaid income tax) is due and payable only once income tax has been assessed. Further, the ATO notes that, although this decision concerned GIC, it is consistent with the ATO’s view as to the deductibility of any shortfall interest charge (SIC) in relation to an amended assessment (see Tax Determination TD 2012/2). The ATO is of the view that the decision would have no implications for any rulings or practice statements.

Gem Plant Hire Pty Ltd ATF The Condello Family Trust v Commissioner of Taxation:

Following the Commissioner’s recent discontinuance of his appeal to the Federal Court against the AAT’s decision in this case, the ATO has published a DIS about the decision of the AAT in Gem Plant Hire Pty Ltd ATF The Condello Family Trust v Commissioner of Taxation [2012] AATA 852.

As mentioned above, the AAT held that a truck and heavy equipment hire company relevantly ‘used’ fuel in carrying on its enterprise when it provided fuelled trucks and equipment to a hirer, and was thus entitled to claim fuel tax credits in respect of that fuel. In accepting in the DIS that it was open to the AAT to have reached the conclusion it did, the ATO emphasises the fact that the taxpayer’s contract with the hirer gave the hirer a licence to use the fuel in the hired vehicles/equipment and thus did not amount to a disposal of the fuel by the taxpayer. The DIS expresses the ATO’s view that the AAT decision has very limited wider application, and does not have ramifications for the relevant statutory provision

Fringe Benefits Tax ATO Interpretative Decision (ATO ID)

The ATO has released ATO ID 2013/34 which states that travel by an employee in their employer’s car, between their place of residence and the employee’s place of employment in relation to a second employer is not ‘work-related travel’.

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