Amendments to the Tax Admin Act 2005

Amendments to the Taxation Administration Act 1996 No.97

The amendments to the Taxation Administration Act commence on the date of assent except where otherwise specified.

Tracing provisions for pay-roll tax grouping purposes

Under Part 10A of the Taxation Administration Act 1996 No.97, two businesses are grouped if they are owned or controlled by the same person or by two or more persons together. These provisions are designed to prevent a business from claiming multiple 'small business' thresholds under the pay-roll tax legislation.

The amendments include company tracing provisions to provide greater clarity and combat avoidance of grouping provisions. The provisions will allow a person's interest in a business to be calculated by aggregating two or more separate interests, including interests held indirectly via different legal entities.

State tax equivalent regime

The Act amends the Taxation Administration Act, the Public Finance and Audit Act 1983 and the State Owned Corporations Act 1989, to provide a framework for the administration and enforcement of the State tax equivalent regime. The regime imposes notional income tax on government businesses to support the competition and commercial policies of the government.

Disclosure of information

The amendments also permit the disclosure of taxation information to another State or Territory for the purposes of their administration of their respective First Home Owner Grant Act.

The amendments also permit the disclosure of information to the Independent Commission Against Corruption (ICAC).

Meaning of 'decision' - part 10

The amendments clarify that, for the purposes of the objection provisions in Part 10 of the Act, 'decision' has the same meaning as it does in section 6 of the Administrative Decisions Tribunal Act 1997.

For more information