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Prime Minister’s exemption – response to Australia’s Future Tax System (Henry) Review — Treasury

In the 2011-12 Budget released on 10 May 2011, the Government announced a number of measures.  Regulation Impact Statements would have been required for these measures, but on 23 April 2010 the then Prime Minister granted a exceptional circumstances exemption for the Government’s tax reform agenda in response to the Australia’s Future Tax System (Henry) Review.  A post-implementation review for each of these measures will be required within one to two years of their implementation. These measures included the following:

  • Fringe benefits tax — reform of the car fringe benefit rules

Under the current 'statutory formula' method, a person's car fringe benefit decreases as the distance travelled by the vehicle increases; people can therefore increase their tax concession by driving their vehicle further.  The new treatment sets a fixed rate per kilometre.  The intention is to remove the tax incentive for people to drive more than they need to in order to obtain a larger tax concession under the Fringe Benefits Tax Act 1986.

  • Abolish the Entrepreneurs' Tax Offset

This measure will abolish the Entrepreneurs' Tax Offset (ETO), with effect from the 2012‑13 income year.  The basis for the abolition of the ETO is that it is poorly targeted, complex for taxpayers and may deter businesses from growing beyond the size that benefits from the concession.

  • Expanding the definition of geothermal energy

The measure would incorporate geothermal exploration into the wider definition of exploration, with effect from 1 July 2012.  Geothermal exploration expenditure does not attract the same tax treatment as applies to traditional hydrocarbon energy sources that required similar exploration and drilling.

  • Small business depreciation — accelerated initial deduction for motor vehicles

The measure will allow small businesses to claim up to $5,000 as an immediate deduction for motor vehicles. 

  • Minerals Resource Rent Tax — adoption of the of the recommendations of the Policy Transition Group

The Government announced that it would adopt the recommendations of the Ministerial Resource Rent Tax (MRRT) Policy Transition Group.  The Group made 94 recommendations on the new resource tax arrangements relating to the MRRT and the extension of the Petroleum Resource Rent Tax, and four additional recommendations on exploration.

  • Not-for-profit — Better targeting not-for-profit tax concessions

This measure would reform the tax concessions provided to not‑for‑profit (NFP) entities, to better target tax concessions at activities for altruistic purposes.  This means that NFP entities will pay income tax on profits from their unrelated commercial activities.  The new arrangements commenced on 1 July 2011 and will initially affect new unrelated commercial activities that commence after 10 May 2011, with further consultation on transitional arrangements with the intention of phasing out existing commercial concessions.

  • Not-for-profit — introducing a statutory definition of charity

This measure introduces a statutory definition of 'charity' for all Commonwealth laws with effect from 1 July 2013 subject to further consultation.  The definition is based on the 2001 Report of the Inquiry into the Definition of Charities and Related Organisations, and subsequent developments in the common law relating to charities.