Guidance note: Many public private partnership (PPP) projects are undertaken using a 'securitised licence structure'. The standard securitised licence structure is described in Chapter 1 of the 'Infrastructure & Privatisation Framework' document published by the Australian Taxation Office (Framework Document). The Framework Document can be found at https://www.ato.gov.au/business/large-business/in-detail/key-products-and-resources/infrastructure---australian-federal-tax-framework/. On recent Partnerships Victoria PPP projects, the Australian Taxation Office has issued correspondence encouraging Respondents to review the Framework Document and to contact the ATO (prior to Proposal lodgement) if alternative structures, entity types or unusual features are being proposed. It is suggested that Procuring Agencies provide guidance to Respondents regarding any alternative structures that Respondents may be considering. |
Respondents should clearly identify any aspects of their Proposals that are subject to obtaining any tax rulings and articulate the proposed process and timelines for obtaining these.
Respondents are referred to the letter from the Australian Taxation Office included in Appendix B (Australian Taxation Office Position Statement) articulating the Australian Taxation Office's position in relation to taxation structures that may be adopted by Respondents.