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Thursday, 8 February 2001
Page: 24318


Mr Andren asked the Treasurer, upon notice, on 9 November 2000:

Has his attention been drawn to concerns expressed by financial planners that the New Business Tax System (Alienation of Personal Services Income) Act 2000 unintentionally applies to their activities when they operate similar business structures to other professions such as accountants and lawyers; if so (a) does the Government view the concerns as justified and (b) what steps will be taken to address the concerns?


Mr Costello (Treasurer) —The Assistant Treasurer has provided the following answer to the honourable member's question:

The Government is aware of the financial planners' concerns. The Assistant Treasurer, Government advisers and Treasury and Tax Office (ATO) officials have met with representatives of financial planners to discuss the legislation.

The personal services income legislation applies where a person obtains 80% or more of their personal services income from one entity unless the person obtains a personal services business determination from the Commissioner of Taxation. The grounds for a determination include engaging someone to perform 20% or more of the principal work and maintaining business premises that are separate from private premises of the worker (and their associates) and premises of the service acquirer (and associates).

The ATO is continuing to work with the financial planners to make their transition to the new tax system as smooth as possible.