Australia: Parliament advances tax legislation for small businesses, build-to-rent developments, and production incentives

Parliament on November 28, 2024, advanced the following tax-related legislation:

• Parliament passed a bill that aims to streamline tax obligations for small businesses and enhance compliance with foreign residents' capital gains withholding. The legislation reduces administrative burdens by allowing employers to make a standing declaration for Single Touch Payroll information, amends the Income Tax Assessment Act 1936 to permit amendments to assessments within four years, and extends the circumstances under which the Commissioner of Taxation may retain tax refunds. It also fully implements measures to increase the integrity of the foreign resident capital gains withholding regime. The bill awaits Royal Assent.
• Parliament passed legislation providing tax concessions for build-to-rent (BTR) developments, which now also awaits Royal Assent. The legislation increases the capital works deduction rate for construction commenced on or after May 9, 2023, reduces the withholding tax rate on eligible fund payments from managed investment trusts from 30% to 15% starting July 1, 2024, and introduces a misuse tax mechanism. Read a November 2024 report prepared by the KPMG member firm in Australia
• Additionally, the House of Representatives passed a bill that proposes production tax incentives for hydrogen and critical minerals, offering refundable tax offsets for eligible hydrogen production and critical mineral processing. It also allows Indigenous Business Australia to invest in First Nations communities and businesses. The bill has been referred to the Senate Economics Legislation Committee, with a report due by January 30, 2025.