TOFA label changes CA2016- 039 Presented by David Truong Technical Leader - Technical Leadership Group Australian Taxation Office 10 September 2015 1 UNCLASSIFIED - ATO SwD Event- Services for Tax practitioners TOFA label changes (CA2016-039) Status Dashboard Implementation date - 1 July 2016 Likelihood - Definite Current stage - Detailed design Estimate of SwD impact- Medium. 2 UNCLASSIFIED - ATO SwD Event- Services for Tax practitioners TOFA label changes (CA2016-039) Background • Division 230 was inserted into the Income Tax Assessment Act (ITAA) 1997 and provided new rules for the Taxation of Financial Arrangements (TOFA). • TOFA ordinarily applies to TOFA taxpayers from their income year starting on or after 1 July 2010 (2011 income tax returns) and a number of TOFA tax return labels were inserted into various entity income tax returns at that time. • TOFA transitional balancing adjustment labels - Taxpayers that made an transitional election to bring in their existing financial arrangements had to calculate a balancing adjustment (an assessable income or allowable deduction amount) in respect of their existing financial arrangements that was spread evenly over the first applicable TOFA income year and the next 3 income years. The election has passed and the these labels will be redundant starting from the 2016 income year. • Are you a TOFA taxpayer? labels – These labels were used to identify who was a TOFA taxpayer but is no longer required. We can identify TOFA taxpayers by identifying those that return an amount at the TOFA gain or TOFA loss labels in the relevant income tax return. 3 UNCLASSIFIED - ATO SwD Event- Services for Tax practitioners TOFA label changes (CA2016-039) Overview of key details of the change. Company tax return Remove label 5M – Did you make a gain, loss or transitional balancing adjustment from a financial arrangement subject to the TOFA rules? Remove label 8R – TOFA Transitional balancing adjustment Fund income tax return Remove label 16G – Did you make a gain, loss or transitional balancing adjustment from a financial arrangement subject to the TOFA rules? Remove label 16J – TOFA Transitional balancing adjustment Self managed superannuation fund (SMSF) annual return Remove label 17G – Did you make a gain, loss or transitional balancing adjustment from a financial arrangement subject to the TOFA rules? Remove label 17J – TOFA Transitional balancing adjustment 4 UNCLASSIFIED - ATO SwD Event- Services for Tax practitioners TOFA label changes (CA2016-039) Overview of key details of the change. Partnership tax return Remove label 31L – Did you make a gain, loss or transitional balancing adjustment from a financial arrangement subject to the TOFA rules? Remove label 31O – TOFA Transitional balancing adjustment Trust tax return Remove label 31L – Did you make a gain, loss or transitional balancing adjustment from a financial arrangement subject to the TOFA rules? Remove label 31O – TOFA Transitional balancing adjustment The instructional products for the impacted returns will also be amended to reflect the removal of the labels identified above. 5 UNCLASSIFIED - ATO SwD Event- Services for Tax practitioners TOFA label changes (CA2016-039) Overview of key details of the change. Pay as you go Instalments ATO systems will be updated such that they recognise whether a taxpayer is a TOFA taxpayer in an income year by whether they record an amount at either the Total TOFA gains and/or the Total TOFA losses labels in each of the relevant tax returns, or whether they have been identified as a TOFA taxpayer in a previous income year. 6 UNCLASSIFIED - ATO SwD Event- Services for Tax practitioners Feedback and questions The ATO would like Software developers to: X: Update their software to reflect the removal of the relevant TOFA tax return labels by 1 July 2016 Y: Provide feedback on any challenges What would Software Developers need the ATO to do? 7 UNCLASSIFIED - ATO SwD Event- Services for Tax practitioners Any further question Please contact SIPO at: [email protected] 8 UNCLASSIFIED - ATO SwD Event- Services for Tax practitioners Thank you
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