Matters under consultation - Australian Taxation Office
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Matters under consultation
https://www.ato.gov.au/General/Consultation/In-detail/Matters/Matters-under-
consultation/
Last modified: 30 Jun 2022
QC 54486
Matters under consultation
We are consulting with the community on a range of matters affecting:
Individuals
[202217] ABRS companies release [NEW]
[202207] User testing – Online services for foreign investors [UPDATED]
[202205] Corporate Collective Investment Vehicle
[202138] Review of new tax legislation guidance material
[202137] Trans-Tasman retirement savings portability
Business
[202217] ABRS companies release [NEW]
[202213] Advance pricing arrangements program review
[202211] Deduction for entering into a conservation covenant [UPDATED]
[202210] eInvoicing communications
[202209] Undisputed tax debt data reporting [UPDATED]
[202208] Digital inbox for business
[202207] User testing – Online services for foreign investors [UPDATED]
[202206] GST offsetting between unrelated entities
[202205] Corporate Collective Investment Vehicle
[202203] Build-to-rent
[202138] Review of new tax legislation guidance material
Not-for-profit
[202217] ABRS companies release [NEW]
[202211] Deduction for entering into a conservation covenant [UPDATED]
[202209] Undisputed tax debt data reporting [UPDATED]
[202204] Self-assessed income tax exempt not-for-profits
[202138] Review of new tax legislation guidance material
Superannuation
[202217] ABRS companies release [NEW]
[202209] Undisputed tax debt data reporting [UPDATED]
1 of 16[202205] Corporate Collective Investment Vehicle
[202138] Review of new tax legislation guidance material
[202137] Trans-Tasman retirement savings portability
Intermediaries
[202217] ABRS companies release [NEW]
[202214] Enterprise Client Register
[202213] Advance pricing arrangements program review
[202211] Deduction for entering into a conservation covenant [UPDATED]
[202210] eInvoicing communications
[202209] Undisputed tax debt data reporting [UPDATED]
[202208] Digital inbox for business
[202207] User testing – Online services for foreign investors [UPDATED]
[202206] GST offsetting between unrelated entities
[202205] Corporate Collective Investment Vehicle
[202204] Self-assessed income tax exempt not-for-profits
[202203] Build-to-rent
[202201] 2022 Digital Services Gateway APIs
[202138] Review of new tax legislation guidance material
See also
Open consultation including advice and guidance products
Planned consultation
Special purpose working groups
Individuals
https://www.ato.gov.au/General/Consultation/In-detail/Matters/Matters-under-
consultation/?page=2
Last modified: 30 Jun 2022
QC 54486
[202217] ABRS companies release [NEW]
[202207] User testing – Online services for foreign investors [UPDATED]
[202205] Corporate Collective Investment Vehicle
[202138] Review of new tax legislation guidance material
[202137] Trans-Tasman retirement savings portability
[202207] User testing – Online services for foreign investors
Registered March 2022
Expected October 2022
completion
of
consultation
2 of 16Consultation Targeted consultation is underway.
status
To seek insights to inform the design and build of Online
Consultation
services for foreign investors (formerly known as the Foreign
purpose
Ownership of Australian Assets Register).
The ATO is developing Online services for foreign investors
which will replace and expand upon the existing Foreign
Ownership of Water Entitlements Register and Foreign
Ownership of Agricultural Land Register. This supports reforms
to Australia’s Foreign Investment Framework.
Description Consultation will consider:
navigation
functionality – including but not limited to payments,
registration, and maintenance of registration
useability.
Individuals who register ownership of foreign assets on their
Who we are own behalf or for entities
consulting Solicitors and conveyancers registering for clients
Titian De Colle, Enterprise Strategy and Design
Consultation
titian.decolle@ato.gov.au
lead
Phone (03) 9285 1703
Business
https://www.ato.gov.au/General/Consultation/In-detail/Matters/Matters-under-
consultation/?page=3
Last modified: 30 Jun 2022
QC 54486
[202217] ABRS companies release [NEW]
[202213] Advance pricing arrangements program review
[202211] Deduction for entering into a conservation covenant [UPDATED]
[202210] eInvoicing communications
[202209] Undisputed tax debt data reporting [UPDATED]
[202208] Digital inbox for business
[202207] User testing – Online services for foreign investors [UPDATED]
[202206] GST offsetting between unrelated entities
3 of 16[202205] Corporate Collective Investment Vehicle
[202203] Build-to-rent
[202138] Review of new tax legislation guidance material
[202217] ABRS companies release
Registered June 2022
Expected June 2023
completion
of
consultation
Consultation Co-design activities are underway.
status
Consultation To co-design and user test the Australian Business Registry
purpose Services (ABRS) companies release.
The companies release is part of the modernisation of business
registers program, a component of the package of reforms to
address illegal phoenixing that was announced by government in
September 2017 and received Royal Assent on 22 June 2020.
Description The companies release will provide over 3 million companies
with a more streamlined way to register, view and maintain
company details using ABRS online.
Consultation will be through a series of phases covering the
ABRS website, company registrations, maintenance, and search.
Community who may use ABRS
Directors and intending directors
Company officeholders
Who we are Company administrators and intermediaries
consulting Tax practitioners
Business representatives
Government agencies
Douglas Wickham, Australian Business Registry Services
Consultation
douglas.wickham@ato.gov.au
lead
Phone (07) 3119 9606
[202213] Advance pricing arrangements program review
4 of 16Registered April 2022
Expected completion December 2022
of consultation
Consultation status Targeted consultation is underway.
To seek feedback on the advance pricing arrangement
Consultation purpose
(APA) program.
We will be undertaking a review of the APA Program in
2022, with a primary focus on:
whether the APA product continues provide the right
Description service for all taxpayers
assuring transfer pricing risk in the most efficient
manner possible.
Taxpayers
Tax advisory firms
Who we are Tax industry associations
consulting Other APA program participants
Simon Hellmers, Assistant Commissioner, Public
Groups and International
Consultation lead
simon.hellmers@ato.gov.au
Phone (02) 9374 2887
[202211] Deduction for entering into a conservation covenant
Registered April 2022
Expected August 2022
completion
of
consultation
Consultation Feedback is being considered to determine if further consultation
status is required.
To seek feedback on:
the ATO’s preliminary position regarding deductibility, under
Division 31, when a conservation covenant is entered into to
Consultation satisfy environmental approvals for a mining project
purpose whether public advice and guidance is required and the type of
5 of 16guidance.
Division 31 of the Income Tax Assessment Act 1997 provides for
a deduction for the decrease in the market value of land when a
perpetual conservation covenant over your land is entered into
provided certain conditions are satisfied.
Deductions for the decrease in the market value of the land must
Description be based on a valuation obtained from the ATO.
Valuation requests from taxpayers, in the energy and resources
sector, have raised questions about whether taxpayers entering
a conservation covenant, to meet environmental approval
conditions for mining projects, receive material benefits which
would disqualify them from receiving a deduction.
Energy and Resources Working Group
Who we are Energy and resources industry representatives
consulting
John Churchill, Office of the Chief Tax Counsel
Consultation
john.churchill2@ato.gov.au
lead
Phone (03) 6221 0258
[202210] eInvoicing communications
Registered April 2022
Expected December 2022
completion
of
consultation
Consultation Targeted consultation is underway.
status
To seek insights from eInvoicing users and their intermediaries
Consultation to inform future messaging and engagement activities related to
purpose raising awareness and driving adoption of eInvoicing across
Australia.
The ATO is leading activities to raise awareness and drive
adoption of eInvoicing in Australia. This includes working with
businesses, intermediaries, service providers, and all levels of
government to understand their current invoicing processes and
support them in adopting eInvoicing to realise the economic
6 of 16benefits of eInvoicing.
Description The ATO will:
seek to understand the current invoicing process for all
stakeholders
establish current knowledge and awareness levels
develop supporting materials for various segments and
validate their effectiveness.
Small to medium enterprise businesses
Who we are Tax professionals
consulting Digital service providers
Patrick Brophy, Enterprise Solutions and Technology
Consultation
patrick.brophy@ato.gov.au
lead
Phone (02) 6216 1940
[202209] Undisputed tax debt data reporting
Registered March 2022
Expected December 2022
completion
of
consultation
Consultation Consultation is on hold due to resourcing.
status
Consultation To seek feedback on ATO reporting of undisputed tax debt data.
purpose
The Inspector-General of Taxation and Taxation Ombudsman
(IGOT) published the Investigation and Exploration of
Undisputed Tax Debts in Australia report on 30 June 2021.
The ATO is engaging with external stakeholders in reference to
Description
IGOT proposed Recommendations 1, 2 and 3 of the report.
These recommendations include exploring enhanced debt data
reporting with key external stakeholders and identifying reporting
frequency and method in which the data will be reported to the
Parliament of Australia.
Australian National Audit Office
Who we are Parliamentary Committees
7 of 16consulting State Government Revenue Offices
Thomas Kaplan, Lodge and Pay
Consultation
thomas.kaplan@ato.gov.au
lead
Phone (07) 3149 5029
[202208] Digital inbox for business
Registered March 2022
Expected August 2022
completion
of
consultation
Consultation Targeted consultation is underway.
status
Consultation To seek insights from users to inform the design and build of the
purpose digital inbox for business and home page.
The ATO is developing a single digital inbox for registered
companies to receive government correspondence as part of the
$480 million business registers overhaul.
The ATO will explore:
Description the current experience of clients in managing ATO and
Australian Business Registry Services mail
the functionality and usability of the home page, onboarding,
and inbox
client notification preferences.
Who we are Directors and authorised delegates of large organisations and
consulting complex entities
Julie Ustinoff, Enterprise Strategy and Design
Consultation
julie.ustinoff@ato.gov.au
lead
Phone (07) 3907 2022
[202206] GST offsetting between unrelated entities
Registered March 2022
8 of 16Expected September 2022
completion
of
consultation
Consultation Targeted consultation is underway.
status
To seek feedback on the Commissioner's discretionary power to
Consultation
allow the refund/credit of one entity to be offset against the
purpose
GST/net amount payable of an unrelated entity.
We are reviewing the examples in paragraph 5 of the Law
Administration Practice Statement PS LA 2011/21 Offsetting of
refunds and credits against taxation and other debts, which
outlines circumstances where the Commissioner of Taxation will
use their discretionary power to offset the refund/credit of one
entity against the GST/net amount payable of an unrelated
Description
entity.
Examples support our decision making for the application of this
discretion, and give guidance and clarity to taxpayers so they
can self-assess whether requesting an exercise of this discretion
is appropriate.
Who we are Tax advisory firms
consulting
Melissa Lock, Small Business
Consultation
melissa.lock@ato.gov.au
lead
Phone (08) 8228 4983
[202205] Corporate Collective Investment Vehicle
Registered March 2022
Expected September 2022
completion
of
consultation
Consultation Targeted consultation is underway.
status
To work with industry in identifying, prioritising, and addressing
Consultation administrative and interpretative issues that require support to
purpose implement the new Corporate Collective Investment Vehicle
(CCIV) measure.
9 of 16In the 2021–22 federal Budget, the Australian Government
announced that it will progress the tax and regulatory framework
for the CCIV with a commencement date of 1 July 2022.
The new legislation aligns the tax framework for the CCIV regime
with the tax regime for attribution managed investment trusts
(AMITs). CCIVs will be required to meet similar eligibility criteria
as managed investment trusts (MITs). This includes being widely
held and engaging primarily in passive investment activities.
Description CCIVs that are not eligible for AMIT tax treatment will be subject
to the ordinary trust taxation rules in Division 6 or trading trust
rules in Division 6C, as applicable, of the Income Tax
Assessment Act 1936.
As a CCIV is a new corporate entity, deemed to be a trust for tax
purposes, there are a range of administrative considerations and
tax interaction issues to resolve to ensure implementation by
1 July 2022; for example, registration, eligibility, distributions,
reporting.
Advisers with significant managed fund experience
Representatives from industry associations, including
Financial Services Council
Who we are Property Council of Australia
consulting Law Council of Australia
Australian Custodial Services Association
Blake Sly, Public Groups and International
Consultation
blake.sly@ato.gov.au
lead
Phone (02) 4923 1814
[202203] Build-to-rent
Registered February 2022
Expected March 2023
completion of
consultation
Consultation Targeted consultation is underway.
status
To explore the emerging models of Build-to-rent developments
Consultation
in Australia to understand the opportunities to support the
purpose
industry with their tax obligations.
10 of 16Build-to-rent is forecast to take off over the next 5 years.
Description We are seeing growing interest from industry and government
with incentives and concessions for Build-to-rent developments
increasing.
Members of the
Property and Construction Stakeholder Relationship Forum
Who we are GST Stewardship Group
consulting State Government representatives
Loretta Bishop-Spalding, Private Wealth
Consultation
loretta.bishop-spalding@ato.gov.au
lead
Phone (08) 7422 2536
Not-for-profit
https://www.ato.gov.au/General/Consultation/In-detail/Matters/Matters-under-
consultation/?page=4
Last modified: 30 Jun 2022
QC 54486
[202217] ABRS companies release [NEW]
[202211] Deduction for entering into a conservation covenant [UPDATED]
[202209] Undisputed tax debt data reporting [UPDATED]
[202204] Self-assessed income tax exempt not-for-profits
[202138] Review of new tax legislation guidance material
[202204] Self-assessed income tax exempt not-for-profits
Registered February 2022
Expected September 2022
completion
of
consultation
Consultation Targeted consultation is underway.
status
To understand the impacts that the government announced
Consultation
reform will have on self-assessing income tax exempt not-for-
purpose
profits (NFPs).
11 of 16Currently NFPs who self-assess their own eligibility for income
tax exemption are not required to report their eligibility to the
ATO.
In the 2021–22 Budget, the Australian Government announced
reforms to the administration of NFP entities that self-assess as
income tax exempt. From 1 July 2023, self-assessing NFPs with
an active ABN will be required to lodge an annual self-review
Description return with the information they ordinarily use to self-assess their
eligibility for income tax exemption.
The ATO will explore:
how NFPs currently self-assess income tax exempt eligibility
impacts of the changes on NFPs
expectations for implementation
support and guidance NFPs will need through the change.
NFP entities
NFP advisory associations
NFP sector peak body associations
Who we are Tax professionals
consulting Tax professional associations
Not-for-profit Stewardship Group
Members of the Tax Practitioner Stewardship Group
Jennifer Moltisanti, Assistant Commissioner, Private Wealth
Consultation
jennifer.moltisanti@ato.gov.au
lead
Phone (03) 9285 1711
Superannuation
https://www.ato.gov.au/General/Consultation/In-detail/Matters/Matters-under-
consultation/?page=5
Last modified: 30 Jun 2022
QC 54486
[202217] ABRS companies release [NEW]
[202209] Undisputed tax debt data reporting [UPDATED]
[202205] Corporate Collective Investment Vehicle
[202138] Review of new tax legislation guidance material
[202137] Trans-Tasman retirement savings portability
12 of 16[202137] Trans-Tasman retirement savings portability
Registered September 2021
Expected July 2022
completion
of
consultation
Consultation Further consultation is being undertaken on the proposed
status solution.
To co-design a streamlined process and associated messaging
Consultation for the transfer of ATO held unclaimed superannuation money
purpose (USM) for New Zealand residents via a KiwiSaver scheme
provider.
Currently New Zealand residents wishing to access their ATO
held USM need to transfer the USM amounts to an Australian
APRA fund before transferring it to a KiwiSaver fund in New
Zealand.
Description
Once legislation is in effect and system functionality is in place,
the streamlined process will allow the ATO to directly transfer
USM of New Zealand residents to a KiwiSaver scheme provider,
improving the operation of the Trans-Tasman retirement savings
portability arrangement between Australia and New Zealand.
New Zealand Inland Revenue
Who we are KiwiSaver scheme providers
consulting
Sue Layoun, Superannuation and Employer Obligations
Consultation
sue.layoun@ato.gov.au
lead
Phone (02) 9354 3877
Intermediaries
https://www.ato.gov.au/General/Consultation/In-detail/Matters/Matters-under-
consultation/?page=6
Last modified: 30 Jun 2022
QC 54486
[202217] ABRS companies release [NEW]
13 of 16[202214] Enterprise Client Register
[202213] Advance pricing arrangements program review
[202211] Deduction for entering into a conservation covenant [UPDATED]
[202210] eInvoicing communications
[202209] Undisputed tax debt data reporting [UPDATED]
[202208] Digital inbox for business
[202207] User testing – Online services for foreign investors [UPDATED]
[202206] GST offsetting between unrelated entities
[202205] Corporate Collective Investment Vehicle
[202204] Self-assessed income tax exempt not-for-profits
[202203] Build-to-rent
[202201] 2022 Digital Services Gateway APIs
[202138] Review of new tax legislation guidance material
[202214] Enterprise Client Register
Registered May 2022
Expected July 2022
completion of
consultation
Consultation Targeted consultation is underway.
status
Consultation To seek insights into agents’ experience and understanding
purpose of their role in the integrity of the Enterprise Client Register.
The Enterprise Client Register is the key source of client
information used in every client interaction across the ATO.
The ATO will:
explore differing agent business models and any impact
Description on updating client contact details
seek to understand the intermediary experience with client
contact details
identify opportunities to improve the user experience.
Tax agents
Who we are BAS agents
consulting
Tina Markov, Client Account Services
Consultation
tina.markov@ato.gov.au
lead
Phone (08) 8208 1428
14 of 16[202201] 2022 Digital Services Gateway APIs
Registered January 2022
Expected December 2022
completion of
consultation
Consultation Consultation is underway.
status
Consultation To co-design Digital Services Gateway (DSG) features and
purpose Application Programming Interfaces (APIs).
The DSG was implemented in 2021 to enable lightweight APIs
Description to support digital service providers deliver tax and
superannuation services.
Who we are Digital service providers
consulting
Sonia Lark, Digital Partnership Office, Enterprise Solutions
Consultation and Technology
lead sonia.lark@ato.gov.au
Phone (02) 4725 7460
[202138] Review of new tax legislation guidance material
Registered September 2021
Expected July 2022
completion of
consultation
Consultation Further consultation will be undertaken as final positions are
status developed.
Consultation To obtain feedback on the process for developing guidance
purpose products to support new tax laws.
The aim is to:
measure the effectiveness of the various current products for
supporting the implementation of new tax laws
clarify the respective roles of guidance products for new tax
law to promote a common understanding amongst Treasury,
Description
the ATO and tax community
15 of 16identify best practice in developing guidance products on
new tax law.
National Tax Liaison Group
Who we are Professional associations
consulting
Joanna Wilson, Office of the Chief Tax Counsel
Consultation
joanna.wilson@ato.gov.au
lead
Phone (02) 6216 1657
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you, contact us or seek professional advice.
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You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way
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