13 November 2009 - GST refunds in business to business transactions discussion paper - submission lodged 
 
The Institute has lodged a submission on the ATO's draft discussion paper on refunds of overpaid GST in business to business (B2B) transactions. Key points included that, as the Commissioner is preparing a draft ruling on the application of section 105-65 of Schedule 1 to the Taxation Administration Act 1953, the Institute's preference would be to deal with the draft ruling on the entire provision, rather than one aspect of the provision in isolation.  
 
10 July 2009 - ATO's draft guide on Business Performance Benchmarks - submission lodged 
 
The Institute has lodged a submission in relation to the draft guide prepared by ATO outlining their intent, approach and methodology for use of the Business performance Benchmarks. The Institute has responded in particular to the nature of the messages) that would be most appropriate for tax practitioners at the time of release and for future use, the nature and content of the methodology and ideas for improvement.  
 
On 17 July, the ATO issued a letter of response.  
 
8 May 2009 - Submission on draft Margin Scheme Valuation Requirements Determination 
 
The Institute has lodged a submission with the ATO on the draft legislative determination A New Tax System (Goods and Services Tax) Margin Scheme Valuation Requirements Determination MSV 200X/1. Key points involved concerns over retrospectivity of the determination and the obligation to minimise GST liability.  
 
16 January 2009 - Submission on ATO issues paper on withdrawal of GSTA TPP 096  
 
The Institute has lodged a submission on the ATO issues paper contemplating the withdrawal of GSTA TPP 096 (the GST Advice), which concerns whether a taxpayer has an increasing adjustment after cancellation of their GST registration. In the submission, the Institute applauds the ATO for its willingness to reverse an incorrect application of the law. However, as the GST Advice also involves an element of interpretation which may have been followed by taxpayers with circumstances similar to the hypothetical scenario in the GST Advice, the Institute requests that the ATO’s new position be brought to the attention of taxpayers, with an invitation to claim a refund if any entity has overpaid GST.  
 
12 January 2009 - Submission on ATO consultation paper on GST Treatment of Automatic Teller Machine Services 
 
The Institute has lodged a submission in relation to the ATO consultation paper on the GST Treatment of Automatic Teller Machine (ATM) Services. In summary, the Institute submits that the proposed changes to make ATM services input taxed supplies for both Authorised Deposit-Taking Institutions (“ADIs”) and non-ADIs are inconsistent with the underlying principles of the GST, and the policy and design of Australia’s unique regime for financial services. Further, this will create distortions, complexities, uncertainty and will increase compliance costs. The proposed changes are inconsistent with the objectives sought by the Reserve Bank of Australia of transparency and competition with the ATM system. Accordingly, the Institute recommends that the GST Act and GST Regulations be amended to ensure that fees charged in connection with the use of an ATM are not consideration for input taxed financial supplies.