Friday, September 19, 2008

Taxation of Government Entities

Taxation of Government Entities

Under the Australian Constitution, liability for Commonwealth taxes cannot extend to the Commonwealth or to an Australian Government entity. A framework has been implemented for the Commonwealth, underpinned by the "The New Tax System" legislation to make Australian Government entities subject to The New Tax System on a notional basis.

The Finance Minister's (A New Tax System) Directions 2005, effective from 25 January 2005, apply to all Australian Government agencies and authorities that cannot be made liable to the Goods and Services Tax (GST), the Luxury Car Tax (LCT) and the Wine Equalisation Tax (WET) by a Commonwealth law. The Finance Minister's (A New Tax System) Directions 2000, made on 27 June 2000, were revoked upon gazettal of the Finance Minister's (A New Tax System) Directions 2005.

The Directions continue the framework that imposes administrative charges on Australian Government agencies and authorities which mirror the GST, the LCT, and the WET. From the perspective of these entities, the framework means that they are notionally subject to these taxes.

See further Finance Circular 2005/01.

Additional information about the GST and indirect tax reforms is available at the Australian Taxation Office´s website [External Site].

Other relevant legislation:

Section 30A of the Financial Management and Accountability Act 1997 [External Site]

Commonwealth Taxes and Regulatory Charges

Under the Inter-Governmental Agreement on the Reform of Commonwealth-State financial relations, the Commonwealth, States and Territories agree the taxes and compulsory charges that are outside the scope of the GST. A copy of the list of taxes, fees and charges that are not subject to the GST is available on the Treasury website [External Site].

The agreed list of taxes and regulatory charges that are outside the scope of the GST will be subject to on-going review and adjustment as necessary in consultation with the Ministerial Council for Commonwealth-State Financial Relations. The Treasury is the central point of contact for Commonwealth agencies.

Registration of Australian Government Entities for Taxation Purposes

Special arrangements apply to Australian Government entities seeking registration for The New Tax System. For more details visit the Registration of Australian Government Entities for Taxation Purposes page.

Further Information

For further information about taxation of Australian Government entities, contact the Legislative Review Branch (LRB) within Finance.

E-mail: LBR@finance.gov.au

Phone: (02) 6215 3657

Mail:
Legislative Review Branch
Financial Management Group
Department of Finance and Deregulation
John Gorton Building
King Edward Terrace
PARKES ACT 2600

Outcomes Arrangements

Outcomes Arrangements

How the Outcomes Arrangements work

Outcomes, Programs and departmental activities form the basis of the Commonwealth's budgetary framework and documentation. Outcome statements define the purpose of appropriations in the Budget Bills, and Programs and departmental activities are detailed in Portfolio Budget Statements to explain these appropriations further.

The process of appropriating funds for the purpose of an Outcome, the delivery of Programs and departmental activities in support of this Outcome, and the subsequent reporting against this structure is presented in the figure below:

Outcomes Arrangements Process Flowchart - details below

As the figure above illustrates, the framework works as follows:

  • government (through its ministers and with the assistance of relevant agencies) specifies the Outcomes it is seeking to achieve in a given area
  • these Outcomes are specified in terms of the impact government is aiming to have on some aspect of society (e.g., education), the economy (e.g., exports) or the national interest (e.g., defence)
  • Parliament appropriates funds to allow the government to achieve these Outcomes through administered items and departmental activities
  • items such as grants, transfers and benefit payments are administered on the Government's behalf by agencies, with a view to maximising their contribution to the specified Outcomes
  • agencies specify and manage their activities to maximise their contribution to the achievement of the Government's desired Outcomes
  • performance indicators are developed to allow scrutiny of effectiveness (i.e., the impact of Programs and departmental activities on Outcomes) and efficiency in contributing to the achievement of the Outcome. Indicators will also enable the system to be further developed to improve performance and accountability for results.

What are Outcomes?

Outcomes are the intended or proposed results, consequences or impacts of government actions on the Australian community. They identify the purpose for agency actions and provide the basis for assessing agency contributions to government policy goals and objectives.

Annual administered funds are appropriated to agencies on the basis of the Outcomes sought by the Government and Parliament.

Purpose of the Outcomes Arrangements

The Outcomes Arrangements help address three fundamental questions:

  1. What does government want to achieve? (Outcomes)
  2. How does it work towards achieving this? (Programs and activities)
  3. How does it monitor its progress towards achieving this? (performance reporting)

The Government delivers benefits to the Australian community (Outcomes) primarily through administered items (Programs) delivered by agencies. Agencies apply inputs (e.g., finances, human resources, capital equipment) to the activities and processes that generate products and services. These inputs include the funds appropriated to them from the Budget or revenue from other sources, such as payments for services, sales, levies and industry contributions.

The Outcomes Arrangements aim to improve the understanding and knowledge of those outside the agency who have an interest in its performance, including ministers, parliament, external accountability bodies such as the Auditor-General, and the public. Managing through Outcomes aims to help improve decision making and performance by focussing attention on the fundamental questions outlined above.

It is important that Outcomes are structured in such a way as to maximise consistency in preparations between agencies. This enables comparisons and benchmarking within and across portfolios.

Who must have Outcomes?

Government policy requires all GGS agencies to use Outcomes as a basis for budgeting, measuring performance and reporting.

When do Outcomes need to be established?

There are two circumstances when Outcomes need to be established:

  1. new Outcomes need to be approved for new functions that are not within existing Outcomes; and
  2. revised Outcomes need to be approved for changes to existing Outcomes – including where there are refinements to policy objectives, strategy or desired results for agency activities, to clarify desired results or improve precision for measurement.

How are Outcome Statements developed?

Every agency must have at least one Outcome, with many agencies having more than one Outcome. They are to be written succinctly and precisely, and will mostly run no longer than one to two sentences in length.

The existing guide to Outcomes is provided below.

The Outcomes & Outputs Framework Guidance Document [ PDF Document 304 KB]

The Department of Finance and Deregulation (Finance) is finalising additional guidance to supplement and update this advice. The additional guidance can be expected on this page during the course of July 2008.

Outcome Statements and the Portfolio Budget Statements (PB Statements)

PB Statements form part of the suite of information available to describe Budget appropriations and agency activity.

As Outcomes provide the basis for the appropriation of money from the Commonwealth, they also provide an important role in the reporting of information, such as how an agency plans to spend its appropriations in the pursuit of government goals.

The role of Outcome statements in PB Statement reporting is set out further in the: Portfolio Budget Statements Constructors Kit [PDF Document 1.3 MB].

What is the process for obtaining a new, or changing an existing, Outcome statement?

The Minister for Finance and Deregulation (Minister for Finance) is responsible for approving all changes to existing, and the establishment of all new, Outcomes.

Finance provides advice to the Minister for Finance on all Outcome change requests, and so plays an important role in ensuring Outcomes are developed inline with government policy.

Requests to change or add Outcomes should be made by way of letter from the relevant Portfolio Minister responsible for the agency to the Minister for Finance. Before this occurs, however, agencies should seek officer level agreement with Finance. A flow-chart outlining the process can be found below:

Outcome Change Flowchart - see details below

  1. The minimum amount of information provided should include:

    • Background information on the driving force of the change
    • Proposed wording of new outcome statements
    • Materiality of old and proposed outcomes
    • Mapping of the proposed outcomes to programs and appropriations for incorporation in CBMS

Approval Process Flow Chart [PDF Document 30 KB]

The timing of these requests is very important, and runs to a tight timetable due to the work required by Finance in processing numerous requests.

All Outcome changes must be processed before the Federal Budget each year. An indicative timetable for the processing of Outcome change requests is presented below (note that the exact dates are issued by Finance each year through an Estimates Memorandum):

Process Step Budget Period
1. Notification

Before Strategic Budget Committee (October / November)

2. Information and Consultation November / December
3. Finance Officer Level Approval

Finance officer level approval in December. Portfolio Minister to write to the Finance Minister after Strategic Budget Committee (December / January).

4. Final Consultation and Formal Notification Mid January to Mid February
5. Ministerial Authorisation Late February
6. System Changes

During March (before Expenditure Review Committee)

Joint Committee of Public Accounts and Audit

Joint Committee of Public Accounts and Audit

Role of the JCPAA

In broad terms, the JCPAA's charter is to scrutinise, usually by means of public inquiry, the performance of all Australian Government agencies in spending funds appropriated to them by the Parliament. The role of the Joint Committee of Public Accounts and Audit (JCPAA) is provided in the following legislation:

  • Public Accounts and Audit Committee Act 1951
  • Public Accounts Committee Regulations

Further information on the JCPAA is available in Finance's

A guide for Agencies when preparing a response RTF version [RTF Document 1 MB ]
A guide for Agencies when preparing a response PDF version [PDF Document 45 KB ]
A guide for Agencies when preparing a response ZIP version [PDF Document 146 KB ]

and from the JCPAA's website at http://www.aph.gov.au/house/committee/jpaa/index.htm [External Site]

Consideration of JCPAA reports

The process for addressing JCPAA Reports has been agreed with the JCPAA and the Department of the Prime Minister and Cabinet (PM&C), and is outlined in the 'A guide for Agencies when preparing a response'. This document also includes an Executive Minute template to assist agencies in preparing responses to administrative recommendations.

Contacts

Queries relating to Finance's role with respect to JCPAA reports, as outlined in
'A guide for Agencies when preparing a response', should be addressed to finframework@finance.gov.au

Queries relating to matters relevant to PM&C, as outlined in 'A guide for Agencies when preparing a response', should be addressed to tabling@pmc.gov.au

Queries relating directly to the JCPAA should be addressed to jcpa@aph.gov.au