Tax Determinations

Periodically Updated Tax Determinations/Rulings Issued By The ATO

Notice – September 2013 – this page is no longer being updated

The following is a selective list of determinations or rulings which have issued since 31 December 2010.  A complete listing of all released tax material can be found at the ATO Legal Database.

TD2013/17Benchmark interest rate for 2013-14 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 is 6.20%
TD2013/16The reasonable travel and overtime meal allowance expense amounts for the 2013-14 income year
LCTD 2013/1Luxury car tax: what is the luxury car tax threshold and the fuel-efficient car limit for the 2013-14 financial year?
TD2013/15Determination of the car depreciation limit under section 40-230 of the Income Tax Assessment Act 1997 for 2013-14 financial year
Effective Life 2013/4Income tax:Commissioner’s schedule effective life of depreciating assets (applicable from 1 July 2013)
Help Debt IndexationFactor to Index an Accumulated HELP Debt: 1.020 is the HELP debt indexation factor for 1 June 2013 to be used in working out accumulated HELP debts for the 2012-2013 financial year. Financial Supplement debts use the same factor.
TD 2013/9Fringe benefits tax: for the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 the car parking threshold for the FBT year commencing on 1 April 2013 is $8.03
TD 2013/8The benchmark interest rate for the fringe benefits tax (FBT) year commencing on 1 April 2013 is 6.45%. The Determination applies to the FBT year commencing on 1 April 2013.
TD 2013/7Rates to be applied where the cents per kilometre basis is used for the fringe benefits tax (FBT) year commencing on 1 April 2013 for the FBT year to 31 March 2014.
TD 2013/6Exemption threshold for the fringe benefits tax (FBT) year commencing 1 April 2013, which is $7,779. This replaces the amount of $7,642 that applied in the previous year commencing 1 April 2012. The Determination applies to the FBT year commencing 1 April 2013 for the FBT year to 31 March 2014.
TD 2013/5The indexation factors for the purpose of valuing non‑remote housing for the fringe benefits tax (FBT) year commencing 1 April 2013 for the FBT year to 31 March 2014.
By RegulationCents per kilometre motor vehicle claim rates to apply for the 2012-13 year (no change from previous years)
TD 2013/4Fringe Benefits Tax: Reasonable amounts under section 31G of the Fringe Benefits Tax Assessment Act 1986 for food and drink expenses incurred by employees receiving a living-away-from-home allowance fringe benefit, for the fringe benefits tax year commencing on 1 April 2013
TD 2013/3Income tax: value of goods taken from stock for private use for the 2012-13 income year
TD 2012/22Trust Income: for the purposes of paragraph 97(1)(a) of the Income Tax Assessment Act 1936 (ITAA 1936) is a beneficiary’s share of the net income of a trust estate worked out by reference to the proportion of the income of the trust estate to which the beneficiary is presently entitled?
TD 2012/21Capital Gains Tax: does CGT event E1 or E2 in sections 104-55 or 104-60 of the Income Tax Assessment Act 1997 happen if the terms of a trust are changed pursuant to a valid exercise of a power contained within the trust’s constituent document, or varied with the approval of a relevant court?
TD 2012/D8Fringe benefits tax: (Draft Determination) Reasonable food and drink expenses incurred by employees receiving a living-away-from-home allowance for the period from 1 April 2013 to 31 March 2014
TD 2012/20Income tax: value of goods taken from stock for private use for the 2011-12 income year (see here)
LCTD 2012/1Luxury car tax: The luxury car tax threshold and the fuel-efficient car limit for the 2012-13 financial year
TD 2012/17Income Tax: Reasonable travel and overtime meal allowance expense amounts for the 2012-13 income year (as amended 19 Sept 2012)
TD 2012/16The car depreciation limit for the 2012-13 financial year
TD 2012/15Income Tax: Benchmark interest rate applicable for the year of income that commenced on 1 July 2012 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936. For the purposes of sections 109N and 109E of the Income Tax Assessment Act 1936 is the benchmark interest rate 7.05% per annum.
TD 2012/14This Taxation Determination concludes that for the 2012-13 income year, the improvement threshold is $134,200.
TD 2012/9The car parking threshold for the FBT year commencing on 1 April 2012 is $7.83.
TD 2012/8Temporary absences from foreign service form part of a continuous period of foreign service under section 23AG
 TD 2012/7The benchmark interest rate for the FBT year commencing on 1 April 2012 is 7.40 per cent per annum.
 TD 2012/6The rates to be applied where the cents per kilometre basis is used for the FBT year commencing on 1 April 2012 for vehicles other than cars
 TD 2012/5The amounts that are acceptable as a food component for FBT year commencing 1 April 2012.
 TD 2012/4The indexation factors for the purpose of valuing non-remote housing for FBT year commencing 1 April 2012.
 TD 2012/3For the purposes of section 135C of the Fringe Benefits TaxAssessment Act 1986 the exemption threshold for for the FBTyear commencing 1 April 2012 is $7,642.
 TR 2012/2 Income tax: effective life of depreciating assets (applicable from 1 July 2012)
GST Industry Issue Food ListThe Detailed food list is amended to update existing entries, add new items and to delete certain entries. This addendum applies on and from 31 August 2011.
TD 2011/20Income tax: The benchmark interest rate applicable for the year of income that commenced on 1 July 2011 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936
LCTD 2011/1The luxury car tax threshold and the fuel-efficient car limit for the 2011-12 financial year.
TD 2011/18The car depreciation limit for the 2011-12 financial year
TD 2011/17Income tax: The reasonable travel and overtime meal allowance expense amounts for the 2011-12 income year.
TR 2011/2Income tax: effective life of depreciating assets (applicable from 1 July 2011)
TD 2011/14This Determination concludes that the car parking threshold for the fringe benefits tax year commencing on 1 April 2011 is $7.71.
TD 2011/13This Determination concludes that for the 2011-12 income year, the improvement threshold is $130,418.
TD 2011/11Income tax: value of goods taken from stock for private usefor the 2010-11 income year (also see here)
TD 2011/6The benchmark interest rate for the FBT year commencing on 1 April 2011 is 7.80 per cent per annum.