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Tax Law glossary

Australian tax law is governed by the Income Tax Assessment Act 1936 and 1997, the GST Act, and a range of administrative and anti-avoidance provisions. This glossary covers 40 commonly used terms.

In short

This is a glossary of 40 key terms used in Australian tax law practice. Each entry has a plain-English definition and, where relevant, a citation to the Income Tax Assessment Acts or Taxation Administration Act.

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40 terms

Definitions

Allowable deduction

An amount that can be subtracted from assessable income in calculating taxable income under section 8-1 of the 1997 Act.

Income Tax Assessment Act 1997 (Cth) s 8-1

Amended assessment

An assessment issued by the Commissioner of Taxation correcting or adjusting an earlier assessment, within the amendment period.

Income Tax Assessment Act 1936 (Cth) s 170

Assessable income

Ordinary and statutory income that must be included in a taxpayer's assessable income for the year.

Income Tax Assessment Act 1997 (Cth) Division 6

ATO

The Australian Taxation Office — the agency administering the Commonwealth taxation system on behalf of the Commissioner of Taxation.

Base rate entity

A company eligible for the reduced corporate tax rate — typically a smaller company with passive income below the prescribed threshold.

Income Tax Rates Act 1986 (Cth) s 23AA

Capital gains tax (CGT)

Tax on the capital gain made from the disposal of a CGT asset, included in assessable income in the year of the CGT event.

Income Tax Assessment Act 1997 (Cth) Part 3-1

CGT event

An event that triggers a CGT calculation, most commonly CGT event A1 — the disposal of a CGT asset.

Income Tax Assessment Act 1997 (Cth) Division 104

Commissioner of Taxation

The statutory office responsible for administering the taxation laws, at the head of the ATO.

Taxation Administration Act 1953 (Cth)

Consolidated group

A group of wholly-owned Australian resident companies that elect to be treated as a single entity for income tax purposes.

Income Tax Assessment Act 1997 (Cth) Part 3-90

Cost base

The amount used to calculate a capital gain or loss — generally the acquisition cost plus incidental costs and capital improvements.

Income Tax Assessment Act 1997 (Cth) Division 110

Debt forgiveness

The release of a debt by a creditor, which may give rise to income or capital gains consequences for the debtor under the commercial debt forgiveness rules.

Income Tax Assessment Act 1997 (Cth) Division 245

Division 7A

Provisions that treat certain loans, payments, and debt forgiveness by a private company to its shareholders (or associates) as dividends.

Income Tax Assessment Act 1936 (Cth) Part III Division 7A

Effective life

The period a depreciating asset is expected to be used for income-producing purposes, used to calculate decline in value.

Income Tax Assessment Act 1997 (Cth) s 40-95

Franked distribution

A dividend paid by a company out of profits on which Australian corporate tax has been paid, carrying a franking credit to the recipient.

Income Tax Assessment Act 1997 (Cth) Division 207

Franking credit

A credit attached to a franked dividend representing corporate tax already paid, which the shareholder can claim against their tax liability.

Income Tax Assessment Act 1997 (Cth) s 207-20

Fringe benefits tax (FBT)

A tax on non-cash benefits provided by an employer to an employee, paid by the employer at the highest marginal tax rate plus Medicare levy.

Fringe Benefits Tax Assessment Act 1986 (Cth)

General anti-avoidance rule

The general rule in Part IVA that allows the Commissioner to cancel a tax benefit obtained through a scheme entered into for the dominant purpose of obtaining that benefit.

Income Tax Assessment Act 1936 (Cth) Part IVA

GST

Goods and Services Tax — a 10% tax on most supplies of goods, services, and property in Australia.

A New Tax System (Goods and Services Tax) Act 1999 (Cth)

Imputation

The system under which resident shareholders are credited with the corporate tax paid by an Australian company on profits distributed as dividends.

Income Tax Assessment Act 1997 (Cth) Part 3-6

Income tax return

The annual return lodged by a taxpayer with the ATO disclosing assessable income, deductions, and tax payable.

Income Tax Assessment Act 1936 (Cth) s 161

Input tax credit

A credit for GST included in the price of acquisitions made for a creditable purpose.

A New Tax System (Goods and Services Tax) Act 1999 (Cth) Division 11

Main residence exemption

The CGT exemption that generally disregards a capital gain or loss on the sale of a dwelling used as the taxpayer's main residence.

Income Tax Assessment Act 1997 (Cth) Subdivision 118-B

Margin scheme

A method for calculating GST on eligible property supplies based on the margin between the sale price and the acquisition cost.

A New Tax System (Goods and Services Tax) Act 1999 (Cth) Division 75

Non-commercial losses

Losses from a business activity that a non-company taxpayer cannot deduct against other income unless certain tests are met.

Income Tax Assessment Act 1997 (Cth) Division 35

Objection

A formal written challenge to an assessment or reviewable decision lodged with the Commissioner within the objection period.

Taxation Administration Act 1953 (Cth) Part IVC

Ordinary income

Income according to ordinary concepts — typically salary, wages, business profits, and rent.

Income Tax Assessment Act 1997 (Cth) s 6-5

Part IVA

The general anti-avoidance provisions of the 1936 Act that target schemes entered into for the dominant purpose of obtaining a tax benefit.

Income Tax Assessment Act 1936 (Cth) Part IVA

Private ruling

A binding ruling issued by the Commissioner on how a tax law applies to a specific taxpayer's circumstances.

Taxation Administration Act 1953 (Cth) Schedule 1 Division 359

Residency

An individual's status as a resident or non-resident of Australia for tax purposes, determining their tax treatment.

Income Tax Assessment Act 1936 (Cth) s 6(1)

Small business CGT concessions

Four concessions available to eligible small business taxpayers that reduce capital gains on the sale of active assets.

Income Tax Assessment Act 1997 (Cth) Division 152

Superannuation guarantee

The minimum percentage of ordinary time earnings an employer must contribute to a complying super fund for each eligible employee.

Superannuation Guarantee (Administration) Act 1992 (Cth)

Tax agent

A person registered with the Tax Practitioners Board and authorised to provide tax agent services for a fee.

Tax Agent Services Act 2009 (Cth)

Tax benefit

An amount not included in assessable income, an allowable deduction, or a reduction in withholding tax that the taxpayer has obtained in connection with a scheme.

Income Tax Assessment Act 1936 (Cth) s 177C

Tax file number (TFN)

A unique identifier issued by the ATO to individuals and entities for tax administration purposes.

Taxation Administration Act 1953 (Cth)

Taxable income

Assessable income less allowable deductions. The amount on which income tax is assessed.

Income Tax Assessment Act 1997 (Cth) s 4-15

Taxable supply

A supply made for consideration, in the course of an enterprise, connected with the indirect tax zone, and by a registered entity.

A New Tax System (Goods and Services Tax) Act 1999 (Cth) s 9-5

Temporary full expensing

A former provision allowing eligible businesses to immediately deduct the cost of eligible depreciating assets. Ended 30 June 2023.

Income Tax (Transitional Provisions) Act 1997 (Cth) s 40-160

Thin capitalisation

Rules that limit interest deductions for multinational entities whose Australian operations are excessively debt-funded.

Income Tax Assessment Act 1997 (Cth) Division 820

Withholding tax

Tax withheld at source from certain payments — including interest, dividends, royalties, and payments to foreign residents.

Income Tax Assessment Act 1936 (Cth) Division 11A

Working from home deduction

A deduction for additional expenses incurred by an employee working from home, available via the actual cost method or a fixed rate method published by the Commissioner.

Income Tax Assessment Act 1997 (Cth) s 8-1
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