The Parliament has passed amendments to give certainty around the tax liabilities for native title agreements.
The Tax Laws Amendment (2012 Measures No. 6) Bill 2012 was passed by the Senate last night and delivers on a Gillard Government commitment to ensure certain payments and benefits arising from native title agreements will not be subject to income tax and that certain capital gains from native title rights are not taxable.
These changes were announced last year to coincide with the 20th anniversary of the Mabo decision.
"These changes are part of the Government's broader native title reform package to ensure native title benefits are sustainable for future generations of traditional owners and improve agreement-making," said Attorney-General Mark Dreyfus QC.
Minister for Indigenous Affairs, Jenny Macklin said the Government's reforms will help achieve sustainable outcomes under native title agreements.
"These new laws respond to stakeholder calls for reform and will help Indigenous Australians to unlock the economic potential of their native title," Minister Macklin said.
Assistant Treasurer David Bradbury said the changes complement the Government's broader not-for-profit reform agenda, which will reduce red tape and enhance trust and confidence in the not-for-profit sector.
"The legislation resolves a long standing uncertainty about the way native title benefits interact with the income tax system," Mr Bradbury said.
The amendments will apply from 1 July 2008.