The Australian government has introduced a new bill into parliament that will
amend tax law in the areas of private healthcare and family trusts
Assistant Treasurer Chris Bowen announced on Monday that the Tax Laws Amendment
(2008 Measures No. 4) Bill 2008 would implement a number of improvements to
Australia's taxation system by easing capital gains tax rules for private health
insurance policyholders and reversing changes to family trust tax laws introduced
under the previous government.
Under the first provision, the Bill provides relief from capital gains tax
(CGT) for private health insurance policyholders when their insurer demutualises
to a for profit insurer. The amendments ensure that policyholders who receive
shares in the insurer or a cash payment will not be subject to CGT at the time
they receive the shares or cash payment.
The government argues that the changes will provide certainty to policy holders
of health insurers that demutualise.
Under the second provision, the bill reverses two of the family trust changes
introduced by the Tax Laws Amendment (2007 Measures No. 4) Act 2007. The new
amendments restore the previous definition of 'family' in the family trust election
rules by limiting lineal descendants to children or grandchildren of the test
individual or of the test individual's spouse.
The amendments also prevent family trusts from making a variation to the test
individual specified in a family trust election, other than specifically in
relation to the 2007-08 income year or in the case of a marriage breakdown.
Bowen also announced that the bill implements various other minor amendments
to the law in line with the new government's commitment to "the care and
maintenance of the tax system," although he did not detail these other
amendments in his statement.