TAX LAWS AMENDMENT (2010 MEASURES NO. 1) ACT 2010 (NO. 56, 2010) - NOTES
TAX LAWS AMENDMENT (2010 MEASURES NO. 1) ACT 2010 (NO. 56, 2010) - NOTES
No. 56, 2010
No. 56, 2010
Contents
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 2
3............ Schedule(s).......................................................................................... 4
4............ Amendment of assessments............................................................... 4
Schedule 1--Approved superannuation clearing house 6
Part 1--Main amendments 6
Retirement Savings Accounts Act 1997 6
Superannuation Guarantee (Administration) Act 1992 6
Superannuation Industry (Supervision) Act 1993 8
Part 2--Amendments conditional on the Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 9
Income Tax Assessment Act 1936 9
Taxation Administration Act 1953 9
Part 3--Application provision 10
Schedule 2--Forestry managed investment schemes 11
Income Tax Assessment Act 1936 11
Income Tax Assessment Act 1997 11
Taxation Administration Act 1953 11
Schedule 3--Managed investment trusts 13
Income Tax Assessment Act 1936 13
Income Tax Assessment Act 1997 13
Income Tax (Transitional Provisions) Act 1997 24
Taxation Administration Act 1953 27
Schedule 4--25% entrepreneurs' tax offset 29
Income Tax Assessment Act 1997 29
Schedule 5--Consolidation 33
Part 1--Use of the tax cost setting amount 33
Division 1--Main amendments 33
Income Tax Assessment Act 1997 33
Division 2--Foreign currency gains and losses 40
Income Tax Assessment Act 1997 40
Division 3--Application and transitional provisions 41
Part 2--Group restructures 43
Income Tax Assessment Act 1997 43
Part 3--Pre‑CGT proportions 48
Income Tax Assessment Act 1997 48
Part 4--No double counting of amounts in ACA 54
Income Tax Assessment Act 1997 54
Part 5--Pre‑joining time roll‑overs 56
Income Tax Assessment Act 1997 56
Income Tax (Transitional Provisions) Act 1997 60
Part 6--Phasing out over‑depreciation adjustments 61
Division 1--Joining times between 8 May 2007 and 30 June 2009 61
Income Tax Assessment Act 1997 61
Division 2--Repeal of section 705‑50 with effect from 1 July 2009 61
Income Tax Assessment Act 1997 61
Income Tax (Transitional Provisions) Act 1997 63
Part 7--Leaving time liabilities 64
Division 1--Timing 64
Income Tax Assessment Act 1997 64
Division 2--Adjustment of step 4 amount 65
Income Tax Assessment Act 1997 65
Part 8--Accounting principles 68
Income Tax Assessment Act 1997 68
Part 9--Inherited deductions 72
Income Tax Assessment Act 1997 72
Part 10--General insurance companies 73
Income Tax Assessment Act 1997 73
Part 11--Retained cost base assets 75
Division 1--Cash management trusts 75
Income Tax Assessment Act 1997 75
Division 2--Rights to future income assets 75
Income Tax Assessment Act 1997 75
Division 3--Application provision 76
Part 12--Removal of CGT event L7 77
Income Tax Assessment Act 1997 77
Income Tax (Transitional Provisions) Act 1997 77
Part 13--Reduction in tax cost setting amount that exceeds market value of certain retained cost base assets 78
Income Tax Assessment Act 1997 78
Part 14--Blackhole expenditure for MEC Groups 80
Income Tax Assessment Act 1997 80
Part 15--Transitional concession for SAPs 81
New Business Tax System (Consolidation and Other Measures) Act 2003 81
Part 16--Loss multiplication rules for widely held companies 83
Income Tax Assessment Act 1997 83
Part 17--CGT straddles 89
Income Tax Assessment Act 1997 89
Part 18--Choice to consolidate 91
Income Tax Assessment Act 1997 91
Income Tax (Transitional Provisions) Act 1997 101
Taxation Administration Act 1953 102
Part 19--Life insurance companies 103
Division 1--Amendments applying before the introduction of first home saver accounts 103
Income Tax Assessment Act 1997 103
Division 2--Amendments applying from the introduction of first home savers accounts 104
Income Tax Assessment Act 1997 104
Part 20--Non‑membership equity interests 105
Income Tax Assessment Act 1997 105
Schedule 6--Miscellaneous amendments 110
Part 1--CGT main residence exemption for replacement dwelling 110
Income Tax Assessment Act 1997 110
Part 2--Small business retirement exemption 113
Division 1--Main amendment 113
Income Tax Assessment Act 1997 113
Division 2--Related amendments 113
Income Tax Assessment Act 1997 113
Part 3--Waiver connected with proceeds of crime proceedings 115
Taxation Administration Act 1953 115
Part 4--Amendments relating to higher education 118
A New Tax System (Goods and Services Tax) Act 1999 118
Fringe Benefits Tax Assessment Act 1986 118
Income Tax Assessment Act 1936 118
Income Tax Assessment Act 1997 118
Taxation Administration Act 1953 119
Taxation (Interest on Overpayments and Early Payments) Act 1983 120
Part 5--PAYG withholding from delayed payments for termination of employment 122
Division 1--Main amendments 122
Taxation Administration Act 1953 122
Division 2--Related amendments 123
Child Support (Registration and Collection) Act 1988 123
Income Tax Assessment Act 1936 123
Income Tax Assessment Act 1997 124
Part 6--Administrative penalties for false or misleading statements 125
Division 1--Main amendments 125
Taxation Administration Act 1953 125
Division 2--Consequential amendments 131
Product Grants and Benefits Administration Act 2000 131
Superannuation Industry (Supervision) Act 1993 131
Division 3--Application provision 131
Division 4--Amendments with contingent commencement 132
Taxation Administration Act 1953 132
Part 7--Offsets against superannuation guarantee charge 133
Tax Laws Amendment (2008 Measures No. 2) Act 2008 133
Part 8--Status of certain superannuation funds 134
Income Tax Assessment Act 1936 134
Part 9--Technical corrections 135
A New Tax System (Luxury Car Tax) Act 1999 135
Taxation Administration Act 1953 135
Tax Laws Amendment (2009 Measures No. 4) Act 2009 135
Part 10--Repeal of redundant material 136
Income Tax Assessment Act 1936 136
Income Tax Assessment Act 1997 136
Taxation Administration Act 1953 136
Part 11--Other minor changes 137
A New Tax System (Goods and Services Tax) Act 1999 137
Income Tax Assessment Act 1936 137
Income Tax Assessment Act 1997 138
Income Tax (Transitional Provisions) Act 1997 144
Taxation Administration Act 1953 145
Tax Laws Amendment (2010 Measures No. 1) Act 2010
No. 56, 2010
An Act to amend the law relating to taxation, and for related purposes
[Assented to 3 June 2010]
The Parliament of Australia enacts: