Footnotes
Chapter 1 - Introduction and background to the bill
[1] Bernard Pulle, Barbara Harris and
Paige Darby, Tax Laws Amendment (Election Commitments No. 1) Bill 2008, Income
Tax (Managed Investment Trust Withholding Tax) Bill 2008, Income Tax (Managed
Investment Trust Transitional) Bill 2008, Bills Digest Nos 145–147,
Parliamentary Library, 18 June 2008, pp. 5–6.
[2] Section 9, Corporations
Act 2001
[3] Explanatory Memorandum,
p. 6.
[4] They are: Argentina;
Bermuda; Canada; China; Czech Republic; Denmark; Fiji; Finland; France;
Germany; Hungary; India; Indonesia; Ireland; Italy; Japan; Kiribati; Malta;
Mexico; Netherlands; Netherlands Antilles; New Zealand; Norway; Papua New
Guinea; Poland; Romania; Russia; Slovakia; South Africa; Spain; Sri Lanka;
Sweden; Taipei; Thailand; United Kingdom; United States of America; Vietnam;
Antigua and Barbuda; British Virgin Islands; Isle of Man; Jersey; Gibraltar;
Guernsey Belize; Cayman Islands; The Commonwealth of the Bahamas; Principality
of Monaco; The Republic of San Marino; The Republic of Singapore; Saint Kitts
and Nevis; Saint Vincent and the Grenadines; Anguilla; Aruba; Belgium;
Malaysia; Turks and Caicos Islands; Cook Islands; Macau; Mauritius; and the
Republic of Korea.
[5] National Australian Built
Environment Rating System, http://www.nabers.gov.au/public/WebPages/Home.aspx (accessed 18 October 2012).
[6] Labor and Democrats Dissenting
Report, Senate Standing Committee on Economics report into the Tax Laws Amendment
(2007 Measures No.3) Bill 2007 [Provisions], Canberra, 6 June 2007. p. 34.
See Bernard Pulle, Barbara Harris and Paige Darby, Tax Laws Amendment (Election
Commitments No. 1) Bill 2008, Income Tax (Managed Investment Trust Withholding
Tax) Bill 2008, Income Tax (Managed Investment Trust Transitional) Bill 2008, Bills
Digest Nos 145–147, Parliamentary Library, 18 June 2008, pp. 5–6.
[7] The Hon. Simon Crean MP (then Shadow Minister
for Trade and Regional Development), A strong future for Australia’s
exports, Media Release, Canberra, 21 November 2008.
[8] The Hon. Wayne Swan MP, 'Establishing Australia as a
Regional Financial Hub', Media Release, Canberra, 13 May 2008.
[9]
An entity is a resident of an information exchange country if:
(a)
the entity is a resident of that country for the purposes of the taxation laws
of that country; or
(b)
if there are no taxation laws of that country applicable to the entity or the
entity's residency status cannot be determined under those laws:
(i) for an individual—the individual
is ordinarily resident in that country; or
(ii)
for another entity—the entity is incorporated or formed in that country and is
carrying on a business in that country.
[10]
Budget Paper No. 2, p. 31, http://www.budget.gov.au/2012-13/content/bp2/download/bp2_consolidated.pdf (accessed 17 October 2012)
[11]
The Hon. David Bradbury MP, Assistant Treasurer; The Hon. Mark Dreyfus MP,
Parliamentary Secretary for Climate Change and Energy Efficiency, 'Withholding
Tax Rate Bill Wins Senate Support', Joint media release, 27 June 2012.
[12] Mr Peter Verwer, Chief
Executive, Property Council of Australia, House of Representatives Standing
Committee on Economics, Committee Hansard, 4 June 2012, p. 34.
[13] Explanatory Memorandum, p.
5.
[14] The Hon. David Bradbury MP,
Assistant Treasurer, Second Reading Speech, House of Representatives Hansard,
10 October 2012, p. 11.
[15] The Hon. David Bradbury MP,
Assistant Treasurer, Second Reading Speech, House of Representatives Hansard,
10 October 2012, p. 11.
[16] Treasury, Clean Building
MITs concessional tax rate, Consultation, http://www.treasury.gov.au/ConsultationsandReviews/Submissions/2012/Clean-MITS-10-per-cent-concessional-tax-rate/Submissions (accessed 17 October 2012).
Chapter 2 - The provisions of the bill
[1] Explanatory Memorandum,
p. 7.
[2] Explanatory Memorandum,
p. 7.
[3]
Proposed section 12-425 of the Taxation Administration Act 1953
[4]
Explanatory Memorandum, p. 8.
[5]
Explanatory Memorandum, p. 8.
[6] Proposed section 12-425
of the Taxation Administration Act 1953
[7] Explanatory Memorandum,
p. 9.
[8] Explanatory Memorandum,
p. 10.
[9] Explanatory Memorandum,
p. 10.
[10] Explanatory Memorandum, p.
11.
[11] Explanatory Memorandum, p.
11.
[12] Explanatory Memorandum, p.
12.
Chapter 3 - Views on the bill
[1]
Proposed paragraph
12-430(1)(a) of the Taxation Administration Act
[2] Explanatory Memorandum,
paragraph 1.30.
[3]
Property Council of Australia, Submission 5, p. 9.
[4]
Property Council of Australia, Submission 5, p. 9.
[5] Green Building Council of
Australia, Submission 2, p. 4; Green Building Council of Australia, submission
to Treasury, 13 September 2012, p. 3.
[6] Green Building Council of
Australia, Submission 2, p. 4.
[7] City of Melbourne, Submission
4, p. 3.
[8] Sustainable Melbourne
Fund, Submission 3, p. 1.
[9] Sustainable Melbourne
Fund, Submission 3, p. 2.
[10] Sustainable Melbourne Fund,
Submission 3, p. 2.
[11] Draft Explanatory
Memorandum, paragraph 1.20.
[12] Green Building Council of
Australia, Submission to Treasury, 13 September 2012, p. 3.
[13] Green Building Council of
Australia, Submission to Treasury, 13 September 2012, p. 3.
[14] Proposed subsection
12-430(2) of the Taxation Administration Act 1953
[15] Explanatory Memorandum,
paragraph 1.27.
[16] Green Building Council of
Australia, Submission 2, p. 3.
[17]
Green Building Council
of Australia, Submission 2, p. 6; Property Council of Australia, Submission
5, p. 8.
[18] Green Building Council of
Australia, Submission 2, p. 3.
[19]
Property Council of Australia, Submission 5, p. 14.
[20] Green Building Council of
Australia, Submission 2, p. 4.
[21] Green Building Council of
Australia, Submission 2, p. 4.
[22] Green Building Council of
Australia, Submission 2, p. 4.
[23] Explanatory Memorandum, p.
10.
[24] Explanatory Memorandum, p.
10.
[25] Green Building Council of
Australia, Submission 2, p. 4.
[26] Green Building Council of
Australia, Submission 2, p. 2.
[27] Property Council of
Australia, submission to Treasury, p. 3.
[28] Canada Pension Plan
Investment Board, Submission to Treasury, 11 September 2012, p. 3.
[29] Green
Building Council of Australia, Submission 2, p. 2.
[30]
Property Council of Australia, Submission 5, p. 5.
[31] Green Building Council of
Australia, Submission 2, p. 2; Property Council of Australia, Submission
5, p. 10.
[32]
The committee does draw attention to Recommendation 2 (above).
[33]
Canada Pension Plan Investment Board, Submission 6, p. 1.
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