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Editor: Peter McGinty recently represented the NTAA at the latest Australian Tax Practitioners' Forum (ATPF) meeting, and provided the following report.

ATO computers Christmas shut-down

As a part of the roll-out of its new computer programs, the ATO will completely close its computer systems between 24 December 2007 and 7 January 2008.

Further, the Tax Agent and Business Portals will be unavailable from 22 December 2007 to 7 January 2008.

Tax agents should be advised that, as a part of its shut-down, the ATO will not process tax returns lodged after 12 December 2007. Processing of tax returns will recommence from 7 January 2008.

Pre-filling individual tax returns

The ATO has been piloting the pre-filling of tax returns for several years. In the 2007 Budget, the ATO was allocated $20 million to extend this program to all individual returns prepared electronically by tax agents and on e-tax.

A number of tax agents has expressed concern about the concept of pre-filling returns and its implications for jobs within the tax agent industry (refer also to the editorial and article in Practice Notes).

The NTAA would like to hear from members that have any comments about this issue. Please send your comments to tax.admin@ntaa.com.au and the NTAA will take these comments to the ATO.

SMSFs and water rights

The NTAA has negotiated an arrangement with the ATO in respect of SMSFs and water rights which may breach the in-house asset rules (see Voice, page 5, January/February 2007.

The ATO has agreed to accept factual situations from NTAA members regarding water rights and SMSFs, and will issue determinations to the SMSF. The ATO will use these situations to improve its understanding of the use of water rights.

To date, the NTAA has only received a few submissions from members on this important issue.

The NTAA needs the support from its membership on this important issue. If you have SMSFs with water rights issues, please contact tax.admin@ntaa.com.au for more information.

Trusts registering as tax agents

The NTAA has lobbied hard on this issue, ever since some Tax Agents' Boards indicated that they may not allow the registration of tax agents where they are acting as trustees of a trust.

The Tax Agents' Boards have now issued a letter to most of the professional associations, stating that they will generally accept registrations of tax agents where they are acting as trustees of trusts, whether as individuals or companies (refer to the Practice Notes in this edition of Voice).

The Tax Agent Services Bill (also discussed in this edition of Voice, and on which the NTAA also lobbied), also allows this going forward.

There are still some carry-over issues, but this should mean that little to no restructuring will be needed by the vast majority of tax agents.

NTAA representation at Tax Office and Treasury meetings

During the month of June, the NTAA will represent the membership at the following meetings (issues brought to our attention by members can be raised at these meetings):