Appendix 1: List of Submissions

  1. Mr Paul Ingram, Minter Ellison Adelaide, on behalf of the fishing industry
    No. 1a Mr Paul Ingram, Minter Ellison Adelaide
    No. 1b Mr Paul Ingram, Minter Ellison Adelaide

 

Appendix 2: List of Witnesses Appearing Before the Committee

Wednesday, 20 September 2000, Canberra

Investment and Financial Services Association (IFSA)
Mr Michael Barbour, Controller Taxation, Westpac (member of IFSA’s Tax Working Group)
Mr Andrew Mills, Chief Tax Counsel, MLC (adviser to IFSA)
Miss Lyn Ralph, Chief Executive Office, Investment and Financial Services Association (IFSA)
Ms Raewyn Williams, Taxation Manager, Barclays Global Investors (adviser to IFSA)

Australian Taxation Office
Ms Sandra Peacock, Acting First Assistant Commissioner, Law Integrity Team
Ms Margaret Haly, Assistant Commissioner, Small Business
Ms Deborah Boyd, Acting Assistant Commissioner, Business Tax Reform Implementation
Mr John Burge, Executive Officer, Capital Gains Tax Segment, Large Business and International
Mr Andrew Lee, Executive Officer, Small Business

Treasury
Mr Ron Foster, Acting General Manager, Indirect Tax
Mr Paul McMahon, Acting Manager, International Tax Unit

Minter Ellison, Adelaide
Mr Paul Ingram, Senior Associate, Minter Ellison, Adelaide.

 

Appendix 3: Details of Charities

TAXATION LAWS AMENDMENT BILL (No. 7) 2000

At the public hearing held by the Senate Economics Legislation Committee on 20 September 2000 as part of its inquiry into Taxation Laws Amendment Bill (No 7) 2000, Senator Conroy was interested to know some further details regarding the activities of the Foundation for Gambling Studies, The Global Foundation, the Mount Macedon Memorial Cross Restoration, Development and Maintenance Trust Fund and the Foundation for Rural and Regional Renewal Public Fund.

I am writing to provide further details as to the activities of those organisations.  Subsequent to the hearing further information was requested regarding the names and addresses of the founders and current management of the organisations.  This information would be subject to the provisions of the Privacy Act 1988 and as such it would not be appropriate for this office to comment. 

Should the Committee wish to pursue this information directly with the organisations concerned, contact details have been provided for each organisation. 

Senator Conroy also sought further information regarding the question of donations and other fundraising activities of the organisations.  Unfortunately this information is not available to the office.  Again the Committee may wish to pursue this information directly with the organisations.  We are also unable to determine how much money has been raised by these organisations as the Australian Taxation Office does not keep records of these details.

Foundation for Gambling Studies

The Foundation for Gambling Studies was established on 3 February 1999 to support independent research on gambling, which is a growing industry in Australia.  The Foundation’s activities include funding scholarships and commissioning research. Reliable and independent research will assist the Government and the community to develop policies relating to gambling.

The Foundation will seek and consider applications to finance students pursuing higher education and in undertaking research programs at tertiary institutions.  The Foundation will endeavour to provide full time or part-time scholarships for successful applicants or meet the HECS contributions of successful applicants and other educational expenses, including travel, living away from home allowances, postage and printing costs and other expenses considered to be appropriate.

The Foundation will also consider establishing either a temporary or permanent presence in a tertiary institution in Queensland as a Centre for the Foundation for Gambling Studies.  The Foundation will be able to provide, for the paid positions and infrastructure required by the Foundation negotiated with the institution, while taking all necessary measures to ensure that funds are not utilised for expenditure which may be available from other sources within the institution in which the centre is established.

On 8 March 2000 the Assistant Treasurer announced in Press Release No 10 that the Government intended to amend the Income Tax Assessment Act 1997 (ITAA 1997) to allow deductions for gifts of $2 or more to the Foundation for Gambling Studies.

Address:
Foundation for Gambling Studies
C/- Deacons, Graham & James, Lawyers
GPO Box 407
BRISBANE QLD 4001

The Global Foundation

The Global Foundation is a non-profit organisation established to promote and encourage Australia’s national development and international orientation, with a particular focus on the nation’s centenary of Federation. It is a citizens’ initiative which brings together the expertise and influence of eminent people.

The Foundation enjoys bipartisan political support in Australia.  The Prime Minister formally launched the Foundation in May 1998, with the full support of the leader of the Opposition.  Some of the world’s most influential leaders have visited Australia to participate in Foundation projects for which they have been joined by many other prominent figures from global business, government, academia and international affairs.

The Foundation acts as a catalyst and encourages co-operation between interested parties, particularly government and the private sector, for a wide range of nation-building initiatives and international associations.  It is strategic in its focus and provides support and encouragement to programs commensurate with its aims which are undertaken by organisations and institutions in Australia and around the world.

Some of the Foundation’s principal activities include:

As a non-profit, non-government and non-partisan body, the Global Foundation is supported by membership subscriptions, sponsorships, grants and donations.

On 3 November 1999 the Assistant Treasurer announced in Press Release No 50 that the Government intended to amend the ITAA 1997 to allow deductions for gifts of $2 or more to The Global Foundation.

Address:
The Global Foundation
PO Box 1820
MELBOURNE 3000

Mount Macedon Memorial Cross Restoration, Development and Maintenance Trust Fund

The Mount Macedon Memorial Cross Restoration, Development and Maintenance Trust Fund has been established to raise money for the ongoing maintenance of the Mount Macedon Memorial Cross.  The Cross was built in 1934-35 to commemorate the memory of those who served in the Great War, and is considered to be one of the most significant war memorials in Victoria.

The Mount Macedon Memorial Cross is undoubtedly the second most known and respected War Memorial in Victoria, attracting an increasing number of visitors each year including many from interstate and overseas. The Mount Macedon Memorial Cross Restoration, Development and Maintenance Trust Fund is to raise money to finance the continued maintenance and restoration of the memorial.

On 29 June 2000 the Treasurer announced in a Press Release that the Government intended to amend the ITAA 1997 to extend deductions for gifts of $2 or more to the Mount Macedon Memorial Cross Restoration, Development and Maintenance Trust Fund.

Address:
Mount Macedon Memorial Cross Restoration, Development and Maintenance Trust Fund
PO Box 175
MACEDON VIC 3440

Foundation for Rural and Regional Renewal Public Fund

The Foundation for Rural and Regional Renewal Public Fund has been established to raise money for the purpose of providing a viable social and economic future for Australia’s rural and regional communities.  It aims to encourage innovative collaboration between business, community and government in philanthropic endeavours that will boost the economic and social stocks of regional Australia.  Its emphasis will be on economic development and job creation.

The Foundation was announced by the Prime Minister, during last year’s Regional Australia Summit.  It has been injected with Federal Government funding of $14.5 million and a further $1 million from the nationally-renowned Sidney Myer Fund.

On 29 March 2000 the Assistant Treasurer and the Deputy Prime Minister in a joint Media Release No 11 announced that the Government intended to amend the ITAA 1997 to allow deductions for gifts of $2 or more to the Foundation for Rural and Regional Renewal Public Fund.

Address:
Foundation for Rural and Regional Renewal Public Fund
44th Floor
55 Collins St
MELBOURNE VIC 3000

I trust this information is of assistance to the Committee.

Yours sincerely

 

Mark O’Connor
ASSISTANT COMMISSIONER
LAW DESIGN AND DEVELOPMENT


Appendix 4: Responses to Question on Notice

Treasury Response to Senator Conroy

Question

What take-up rates were assumed in the original revenue estimations for the capital gains tax (CGT) small business rollover relief and retirement exemption provisions.  How do these assumed take-up rates vary from the take-up rate assumed in the costing for the 21 September 1999 CGT small business changes?

Answer

Treasury Response to Senator Watson

Question

Will listed investment companies (LICs) be disadvantaged in relation to the taxation of capital gains once the Collective Investment Vehicle (CIV) regime commences?

Answer
Background

 

Appendix 5: Report of discussion between ATO and Mr Paul Ingram

At the public hearing held by the Senate Economics Legislation Committee on 20 September 2000 as part of its inquiry into the Taxation Laws Amendment Bill (No. 7) 2000, Ms Deborah Boyd of the Australian Taxation Office agreed to discuss further with Mr Paul Ingram of Minter Ellison in Adelaide the third item in his submission dated 19 September 2000 (reference: page E19 of the proof Hansard).

I am writing to confirm that Ms Boyd and I phoned Mr Ingram following the hearing on 20 September 2000 and to inform you of the outcome of that discussion. Please note that the relevant proposed amendment is item 4 of Schedule 3 to the Bill (rather than item 3 of Schedule 3 as referred to in Mr Ingram's submission).

Item 4 of Schedule 3 to the Bill proposes the amendment of existing subsection 152-10(4) of the Income Tax Assessment Act 1997 to allow capital gains deferred under the capital gains tax small business rollover also to qualify for the small business retirement exemption. Mr Ingram submitted that the amendment should go further and allow the deferred capital gains to benefit from the capital gains tax discount and the other small business concessions.

We confirmed to Mr Ingram that if a small business taxpayer defers a capital gain from the disposal of an active asset by using the small business rollover, the capital gain itself is ‘tagged’ to the replacement asset. Unlike with other rollovers, the cost base of the replacement asset is not reduced by the capital gain. The later disposal of the replacement asset gives rise not only to the capital gain on the replacement asset itself but also to the separate ‘tagged’ gain from the original asset.

At present, the taxpayer can again roll over the ‘tagged’ gain by acquiring another replacement active asset. The amendment proposed by item 4 of Schedule 3 would also allow the taxpayer to benefit from the retirement exemption for this gain as an alternative to rolling it over. The ‘tagged’ gain would already reflect the capital gains tax discount and the small business 50% reduction if the taxpayer were eligible for them. It would therefore not be appropriate to double up by allowing the taxpayer access to these concessions for a second time.

This proposed amendment is supported by that proposed by item 11 of Schedule 3, which would allow a taxpayer not to apply the small business 50% reduction to a particular capital gain. As is explained in the legislative note to proposed new section 152-220, making this choice might allow a company or trust to make larger tax-free eligible termination payments under the small business retirement exemption.

Mr Ingram accepted this explanation and agreed that the amendment proposed by item 4 of Schedule 3 to the Bill is appropriate and sufficient in its proposed scope.

I provided a draft of this letter to Mr Ingram. He is satisfied that it accurately reflects the discussion that we had with him.

Yours sincerely

 

(John Burge)
EXECUTIVE OFFICER
CAPITAL GAINS TAX SEGMENT
LARGE BUSINESS & INTERNATIONAL
[26 September 2000]

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