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Suggestions for ATO administrative changes.

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Submitted by (@brianw)

Unpaid SGL

Unpaid SGL I have found attempting to assist a 22 year client be paid their SGL entitlement for two years work that often involved 50 hour weeks , 6 days a week has been futile. I have a chain of emails of 4 pages long to and from various ATO divisions, the appropriate Ombudsman and our local politician. Despite providing names of the directors and the company name, phone numbers of current business and the directors ...more »

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Submitted by (@corporate.tax.association)

FBT, GST and Uber travel.

The recent Federal Court case on the GST treatment of Ubers decided to adopt a common sense definition of taxi and thus have the same GST rules apply to taxi and Uber travel. However the FBT law defines a taxi as a "motor vehicle that is licensed to operate as a taxi". It would seem therefore on a literal reading of the FBT law, that the exemption given to certain taxi related travel given to employees does not apply ...more »

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Submitted by (@simone.lunny)

Automatic Country by Country Reporting Exemption

Significant global entities are required to prepare and submit a Country by Country ("CbC") report with the ATO pursuant to Sub-division 815-E unless an exemption is granted by the ATO. The ATO has released exemption guidance which states that an exemption is not automatially provided to entities that do not need to lodge an IDS (i.e entites that do not have cross border transactions > $2m). Instead, entities need to ...more »

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Submitted by (@markcaldwell)

Increased ATO portal functionality

There are several common reasons why a tax agent would call the tax office, if some of these reasons can be made available online it would save time for both the tax agent and ATO staff. Suggestions for portal improvements could include: The ability to see, download, and amend the annual payroll summaries and taxable payments summaries lodged by a business (and other uploadable files), ability to make payment arrangements ...more »

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Submitted by (@markcaldwell)

Guidance on Forgiveness of Div7A Loans Owed by Deceased Estates

Suggest the ATO provide further guidance on its current position regarding forgiveness of Div 7A loans owed by deceased estates and the consequences of not meeting minimum repayments, especially where the deceased is a former shareholder and the estate does not have shares in the company

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Submitted by (@moderatorboardoftaxationsecretariat)

Remove requirement to complete W1 label on BAS

For large withholders, the total salary and wages amount recorded at label W1 on a Business Activity Statement (BAS) is not used for the purposes of any calculations within the BAS. However, conducting the calculations required in order to complete this label can be administratively burdensome. Propose that the requirement to complete this label be removed for large withholders.

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Submitted by (@moderatorboardoftaxationsecretariat)

ESS and Interests in Foreign Vehicles

Need further guidance from the ATO with respect to Employee Share Schemes (ESS) and whether interests in certain common kinds of foreign vehicles (such as a limited liability company) qualify as 'shares' or 'ordinary shares' under the ESS rules, in particular, subsections 83A-10(1) and 83A-45(2) of the ITAA 1997.

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Submitted by (@moderatorboardoftaxationsecretariat)

Guidance on Research and Development

There is currently little guidance provided to the mining industry on Research and Development (R&D) and its interactions with the tax system. Propose that the ATO provide consistent levels of R&D guidance/advice across all industries in order to provide clarity and certainty.

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