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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Treasury Laws Amendment (2021
Measures No. 2) Bill 2021
No. , 2021
(Treasury)
A Bill for an Act to amend the law relating to
taxation, and for related purposes
No. , 2021
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Deductible gift recipients
3
Part 1--Amendments
3
Income Tax Assessment Act 1997
3
Part 2--Application and transitional provisions
7
Schedule 2--Offshore banking units
10
Part 1--OBU income etc.
10
Income Tax Assessment Act 1936
10
Income Tax Assessment Act 1997
10
Part 2--Ministerial declarations and determinations
12
Income Tax Assessment Act 1936
12
No. , 2021
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
1
A Bill for an Act to amend the law relating to
1
taxation, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Treasury Laws Amendment (2021 Measures No. 2)
5
Act 2021
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The first 1 January, 1 April, 1 July or
1 October to occur after the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Deductible gift recipients
Schedule 1
Amendments
Part 1
No. , 2021
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
3
Schedule 1--Deductible gift recipients
1
Part 1--Amendments
2
Income Tax Assessment Act 1997
3
1 Subsection 30-20(1) (table item 1.1.3, column headed
4
"Special conditions--fund, authority or institution",
5
paragraph (b))
6
Repeal the paragraph, substitute:
7
(b) the public fund must be, or be operated by, an
*
Australian government agency or a
8
*
registered charity; and
9
2 Subsection 30-20(1) (table item 1.1.8, column headed
10
"Special conditions--fund, authority or institution",
11
paragraph (a))
12
Repeal the paragraph, substitute:
13
(a) the public fund must be, or be operated by, an
*
Australian government agency or a
14
*
registered charity; and
15
3 Subsection 30-25(1) (cell at table item 2.1.8, column headed
16
"Special conditions--fund, authority or institution")
17
Repeal the cell, substitute:
18
the public fund must be:
(a) an
*
Australian
government agency; or
(b) a
*
registered charity; or
(c) operated by an Australian
government agency or a
registered charity
4 Subsection 30-25(1) (cell at table item 2.1.9, column headed
19
"Special conditions--fund, authority or institution")
20
Repeal the cell, substitute:
21
Schedule 1
Deductible gift recipients
Part 1
Amendments
4
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
the public fund must be:
(a) an
*
Australian
government agency; or
(b) a
*
registered charity; or
(c) operated by an Australian
government agency or a
registered charity
5 Subsection 30-25(1) (cell at table item 2.1.10, column
1
headed "Special conditions--fund, authority or
2
institution")
3
Repeal the cell, substitute:
4
the public fund must be:
(a) an
*
Australian
government agency; or
(b) a
*
registered charity; or
(c) operated by an Australian
government agency or a
registered charity
6 Subsection 30-25(1) (cell at table item 2.1.11, column
5
headed "Special conditions--fund, authority or
6
institution")
7
Repeal the cell, substitute:
8
the public fund must be:
(a) an
*
Australian
government agency; or
(b) a
*
registered charity; or
(c) operated by an Australian
government agency or a
registered charity
7 Subsection 30-40(1) (cell at table item 3.1.1, column headed
9
"Special conditions--fund, authority or institution")
10
Repeal the cell, substitute:
11
Deductible gift recipients
Schedule 1
Amendments
Part 1
No. , 2021
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
5
the approved research
institute must be:
(a) an
*
Australian
government agency; or
(b) a
*
registered charity; or
(c) operated by an Australian
government agency or a
registered charity
8 Subsection 30-45(1) (cell at table item 4.1.3, column headed
1
"Special conditions--fund, authority or institution")
2
Repeal the cell, substitute:
3
the public fund must
be:
(a) an
*
Australian
government
agency; or
(b) a
*
registered
charity; or
(c) operated by an
Australian
government
agency or a
registered charity
9 Section 30-102 (table item
12A.1.3, column headed "Fund,
4
authority or institution", paragraph (a))
5
Repeal the paragraph, substitute:
6
(a) the fund is established and maintained by a
*
registered charity or an
*
Australian
7
government agency;
8
10 Section 30-260
9
Repeal the section, substitute:
10
30-260 Meaning of
environmental organisation
11
An
environmental organisation
is an entity that meets the
12
following criteria:
13
Schedule 1
Deductible gift recipients
Part 1
Amendments
6
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
(a) the entity satisfies each requirement in sections 30-265 and
1
30-270;
2
(b) the entity is a
*
registered charity or an
*
Australian
3
government agency.
4
Note:
A body corporate or a cooperative society must satisfy a further
5
requirement: see section 30-275.
6
11 Subsection 30-300(1)
7
Repeal the subsection, substitute:
8
(1) A
cultural organisation
is a
*
registered charity, or an
*
Australian
9
government agency, that satisfies each requirement in this section.
10
Deductible gift recipients
Schedule 1
Application and transitional provisions
Part 2
No. , 2021
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
7
Part 2--Application and transitional provisions
1
12 Interpretation
2
In this Part:
3
application date
means the day that is 3 months after the day on which
4
this Act receives the Royal Assent.
5
extended application date
, for a fund, authority or institution, means the
6
day that is determined under subitem 16(1) or that applies because of
7
subitem 16(5).
8
transitional application date
means the day that is 12 months after the
9
application date.
10
13 Application
--general
11
The amendments made by this Schedule do not apply in relation to a
12
fund, authority or institution before the application date.
13
14 Transitional
--existing deductible gift recipients
14
(1)
This item applies if:
15
(a) immediately before the application date, gifts or
16
contributions to a fund, authority or institution were
17
deductible because the fund, authority or institution satisfied
18
a requirement of Division 30 of the
Income Tax Assessment
19
Act 1997
; and
20
(b) at that date, the fund, authority or institution no longer
21
satisfies the requirement because of the amendments made by
22
Part 1 of this Schedule (disregarding this item).
23
(2)
The amendments made by this Schedule do not apply in relation to the
24
fund, authority or institution during the period that:
25
(a) starts on the application date; and
26
(b) ends on the earliest of:
27
(i) the time at which the fund, authority or institution first
28
satisfies the requirement mentioned in subitem (1) (as
29
amended by this Schedule); and
30
(ii) if the fund, authority or institution does not have an
31
extended application date--the transitional application
32
date; and
33
Schedule 1
Deductible gift recipients
Part 2
Application and transitional provisions
8
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
(iii) if the fund, authority or institution has an extended
1
application date--the extended application date.
2
15 Transitional
--new applicants
3
(1)
This item applies if, immediately before the application date:
4
(a) either:
5
(i) a fund, authority or institution had made an application
6
under section 426-15 in Schedule 1 to the
Taxation
7
Administration Act 1953
for endorsement as a
8
deductible gift recipient; or
9
(ii) another entity made an application under that section for
10
endorsement as a deductible gift recipient for the
11
operation of the fund, authority or institution; and
12
(b) the Commissioner had not decided the application.
13
(2)
The amendments made by this Schedule do not apply in relation to the
14
fund, authority or institution during the period that:
15
(a) starts on the application date; and
16
(b) ends on the earliest of:
17
(i) if the application mentioned in subitem (1) is refused--
18
the day on which notice is given of the refusal under
19
section 426-25 in Schedule 1 to the
Taxation
20
Administration Act 1953
; and
21
(ii) if the fund, authority or institution does not have an
22
extended application date--the transitional application
23
date; and
24
(iii) if the fund, authority or institution has an extended
25
application date--the extended application date.
26
Note:
If an application is refused it will be for a reason other than the amendments made by
27
this Schedule. This is because this subitem disapplies the amendments to the
28
Commissioner's determination of eligibility for endorsement.
29
16 Extended application dates
30
Determining extended application dates
31
(1)
The Commissioner may, by notice in writing, determine that a fund,
32
authority or institution has an extended application date that is the day
33
that occurs 3 years after the transitional application date.
34
Deductible gift recipients
Schedule 1
Application and transitional provisions
Part 2
No. , 2021
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
9
(2)
A determination under subitem (1) is not a legislative instrument.
1
Applications for extended application dates
2
(3)
The Commissioner may make a determination under subitem (1) only if
3
the fund, authority or institution, or an entity that operates it, applies to
4
the Commissioner to have an extended application date.
5
(4)
An application is not valid unless it is in the approved form and made
6
before the transitional application date.
7
(5)
If the transitional application date passes before an application under
8
subitem (3) is determined, the fund, authority or institution has, subject
9
to subitem (1), an extended application date of the day on which the
10
application is determined.
11
Mandatory considerations for the Commissioner in determining
12
an extended application date
13
(6)
The Commissioner may make a determination under subitem (1) only
14
if:
15
(a) the Commissioner considers that the prescribed criteria, if
16
any, in relation to the application are satisfied; and
17
(b) the Commissioner has regard to the prescribed matters, if
18
any, in relation to the application.
19
(7)
The Minister may, by legislative instrument, prescribe for subitem (6)
20
criteria that an application must satisfy and matters to which the
21
Commissioner is to have regard.
22
Objections
23
(8)
An applicant may object, in the manner set out in Part IVC of the
24
Taxation Administration Act 1953
, against a decision of the
25
Commissioner under subitem (1).
26
Schedule 2
Offshore banking units
Part 1
OBU income etc.
10
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
Schedule 2--Offshore banking units
1
Part 1--OBU income etc.
2
Income Tax Assessment Act 1936
3
1 Section 121A
4
Repeal the section.
5
2 Paragraph 121B(3)(a) and (b)
6
Repeal the paragraphs.
7
3 Paragraph 121EAA(5)(e)
8
Omit "whole);", substitute "whole).".
9
4 Paragraph 121EAA(5)(f)
10
Repeal the paragraph.
11
5 Subsection 121EAA(6)
12
Omit "paragraphs (5)(a) to (f)", substitute "paragraphs (5)(a) to (e)".
13
6 Section 121EG
14
Repeal the section.
15
7 Section 121EH
16
Repeal the section.
17
Income Tax Assessment Act 1997
18
8 Section 10-
5 (table item headed "banking")
19
Omit:
20
offshore banking activities, income from ...........................
121EG(1)
9 Section 11-
55 (table item headed "offshore banking units")
21
Repeal the item.
22
Offshore banking units
Schedule 2
OBU income etc.
Part 1
No. , 2021
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
11
10 Section 12-
5 (table item headed "offshore banking units")
1
Repeal the item, substitute:
2
offshore banking units
generally .............................................................................
121B to 121EL
11 Subsection 118-20(4) (note)
3
Repeal the note.
4
12 Subsection 770-10(1) (note 3)
5
Repeal the note.
6
13 Application
7
The amendments made by this Part apply in relation to assessments for
8
the 2023-24 year of income and later years of income.
9
Schedule 2
Offshore banking units
Part 2
Ministerial declarations and determinations
12
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
Part 2--Ministerial declarations and determinations
1
Income Tax Assessment Act 1936
2
14 After subsection 128AE(1)
3
Insert:
4
(1A) The Minister must not make a declaration under subsection (2), or
5
a determination under subsection (2AA), after the day on which the
6
Treasury Laws Amendment (2021 Measures No. 2) Act 2021
7
received the Royal Assent.
8
15 After subsection 128GB(1)
9
Insert:
10
(1A) However, this section does not apply to:
11
(a) interest paid on or after 1 January 2024; and
12
(b) interest consisting of gold paid on or after 1 January 2024.
13
14