Australia finalises compliance guideline on intangibles migration arrangements – PCG 2024/1

17 January 2024 the Australian Taxation Office published the final version of its Practical Compliance Guideline PCG 2024/1 Intangibles migration arrangements.

The PCG has previously been released in drafts as PCG 2021/D4 and PCG 2023/D2 Intangibles arrangements.

The final version sets out ATO’s compliance approach to the tax risks associated with certain cross-border related party intangibles arrangements involving:

  • restructures or changes to arrangements involving intangible assets (referred to as ‘migrations’ in the PCG)
  • the mischaracterisation or non-recognition of Australian activities connected with intangible assets.

Changes and additions included in the final version:

  • further clarification of the arrangements in scope
  • exclusion of certain arrangements (‘Excluded Intangibles Arrangement’) from the scope
  • inclusion of a ‘white zone’ for arrangements that have been subject to previous ATO audit or reviews
  • further explaining our compliance approach, including the engagement taxpayers can expect based on the compliance risks associated with an arrangement
  • expanding the guidance allowing taxpayers to group intangible assets or arrangements to make it easier for taxpayers apply the PCG
  • providing more information on the reporting requirements taxpayers can expect to complete the reportable tax position schedule.

 

ATO PCG 2024-1 18012024