Restoring the integrity of the tax system: work still to do
The assistant treasurer Arthur Sinodinos declared he had restored the integrity of the Australian tax system last week, when he announced the results of consultations over a backlog of 92 tax and superannuation measures that had been announced but not legislated.However, from where most bankers stand, the senator still has some work to do before he can back up his claim.What Sinodinos did not say is that another 28 measures - initiatives of both Labor and the Coalition - still await consultation. Many of these matters, which are listed on the EY website, affect banks in one way or another.Included in this bunch are proposed new rules for the operation of offshore banking units, the tax treatment of Islamic financial products and the proposed levy of 0.05 per cent on bank deposits to fund the financial claims scheme.Also still in the mix are proposed rule changes covering the permanent establishment loans, which affect the local branches of foreign banks; thin capitalisation rule changes; and a Board of Taxation review of the definitions of debt and equity for tax purposes.Some of these issues have been kicking around for a long time. The Board of Taxation reported to government on Islamic financial products in June 2011. The proposal for a cap on intra-entity loans (permanent establishment loans) dates back to May 2012.Changes to the Overseas Banking Unit regime, which involve tightening up on tax concessions available to the offshore units of local financial institutions, were announced in the May Budget, but in September Sinodinos said he would review the issue.The bank deposit levy was announced in August. There was some good news for bankers in last week's announcement, however. The Government will proceed with the look-through treatment of instalment warrants. An investor in an instalment warrant will be treated as the owner of the underlying asset for tax purposes. The Australian Financial Markets Association said the decision confirmed established practice and was good news for those banks that issue these securities.It will also proceed with the tax treatment of bad debts involving related parties. If a lender in a related-party financing arrangement claims a deduction for writing off a debt then the borrower would recognise a similar amount of income.