Rules seen as unworkable and poorly drafted
Business groups and Coalition critics argued the debt deduction and thin capitalisation changes were not sufficiently targeted, had drafting problems, and needed redrafting after inadequate consultation.
This bill became law on Apr 8th, 2024.
Budget, tax & economy
Australian public companies must publicly list their subsidiaries in annual financial reports, including where those subsidiaries are based for tax, for financial years starting on or after 1 July 2023.
Multinationals were using related-party debtMoney borrowed from another company in the same corporate group, which the bill treats more strictly because it can be used to shift profits. and internal transactions to create artificial tax deductions, while the public could not easily see all the subsidiaries they used. This bill tightens interest deduction rules and requires public companies to disclose their subsidiaries and where they are based for tax.
The bill grew out of an international tax push that began with the OECDThe international body whose anti-avoidance work helped shape the policy behind this bill./G20The group of major economies that worked with the OECD on the global tax avoidance project mentioned in the page. base erosion and profit shiftingThe international tax avoidance problem this bill responds to, where multinationals move profits or interest deductions to reduce tax. work in 2013 and was turned into an Albanese government election promise in April 2022, then a budget measure in October 2022. It responded to multinational groups using related-party debtMoney borrowed from another company in the same corporate group, which the bill treats more strictly because it can be used to shift profits. and internal dealings to generate artificial deductions, and to limited public visibility over their subsidiary structures, by tightening thin capitalisation rulesThe tax rules that limit how much interest a business can deduct when it borrows heavily, especially in multinational groups. and requiring public companies to disclose subsidiaries and tax domicile information, with the Act receiving Royal AssentThe final step that turns a bill passed by Parliament into an Act. in April 2024.
The main criticism was that the thin capitalisation and debt deduction changes were drafted too broadly and too fast, risking confusion, restructuring of ordinary transactions, and higher costs for investment, housing and infrastructure. Those concerns were raised mainly by business groups and echoed by Coalition figures, but the criticism was mostly about consultation, drafting and practical impacts rather than outright opposition to the bill’s goal.
Andrew Leigh MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 08 Apr 2024
Final passage
Passed without a counted vote
5 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.
Passage speed
291 days
From introduction to the latest recorded parliamentary step
Meaning
Australian public companies must publicly list their subsidiaries in annual financial reports, including where those subsidiaries are based for tax, for financial years starting on or after 1 July 2023.
Multinationals and other large businesses covered by the thin capitalisation rulesThe tax rules that limit how much interest a business can deduct when it borrows heavily, especially in multinational groups. now have interest deductions capped at 30 per cent of tax EBITDAA profit measure used to set the new interest deduction cap; on this page it is the base for the 30 per cent limit., unless they qualify for an alternative test.
Businesses using the third party debt testAn alternative borrowing test that lets a business deduct debt costs only for genuine outside loans used for its Australian operations. can generally deduct debt costs only on genuine outside borrowing used for Australian operations, while related-party debtMoney borrowed from another company in the same corporate group, which the bill treats more strictly because it can be used to shift profits. is shut out under that test.
Multinational groups can no longer claim some interest deductions on related-party borrowing used for internal asset transfers or payments to related entities when the borrowing creates artificial tax deductions.
The government must run an independent public review of the new thin capitalisation changes, and that review has to start by 1 February 2026.
Australian public companies (listed and unlisted) will be required to disclose information on their subsidiaries. This measure will place an onus on companies to be more transparent about their corporate structures. Disclosures would be made publicly available within the company’s annual financial report published on their website to minimise compliance burden.Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) explanatory memorandum
The amended thin capitalisation rules will limit an entity’s debt deductions to 30 per cent of its tax EBITDA. Two alternative thin capitalisation tests are available for entities which are more highly leveraged for non-tax reasons.Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) explanatory memorandum
The earnings-based tests are supplemented by a third party debt test, which allows debt deductions to be deducted where those expenses are attributable to genuine third party debt which is used to fund Australian business operations. That is, deductions for related party debt will be entirely disallowed under this test. The third party debt test replaces the existing arm’s length debt test for ‘general class investors’ and financial entities (non-ADI), as announced in the October 2022-23 Budget.Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) explanatory memorandum
New Subdivision 820-EAA seeks to directly address this risk by disallowing debt deductions to the extent that they are incurred in relation to debt creation schemes that lack genuine commercial justification.Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) explanatory memorandum
(3) The review must commence no later than 1 February 2026.Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) as-passed bill text
Context
The bill grew out of an international tax push that began with the OECDThe international body whose anti-avoidance work helped shape the policy behind this bill./G20The group of major economies that worked with the OECD on the global tax avoidance project mentioned in the page. base erosion and profit shiftingThe international tax avoidance problem this bill responds to, where multinationals move profits or interest deductions to reduce tax. work in 2013 and was turned into an Albanese government election promise in April 2022, then a budget measure in October 2022. It responded to multinational groups using related-party debtMoney borrowed from another company in the same corporate group, which the bill treats more strictly because it can be used to shift profits. and internal dealings to generate artificial deductions, and to limited public visibility over their subsidiary structures, by tightening thin capitalisation rulesThe tax rules that limit how much interest a business can deduct when it borrows heavily, especially in multinational groups. and requiring public companies to disclose subsidiaries and tax domicile information, with the Act receiving Royal AssentThe final step that turns a bill passed by Parliament into an Act. in April 2024.
OECDThe international body whose anti-avoidance work helped shape the policy behind this bill. and G20The group of major economies that worked with the OECD on the global tax avoidance project mentioned in the page. launch the BEPSThe international tax avoidance problem this bill responds to, where multinationals move profits or interest deductions to reduce tax. tax avoidance project
The international project began coordinated work on rules to curb base erosion, profit shifting and weak transparency across multinational tax systems.
Hansard ↗Labor takes multinational tax integrity measures to the election
The Albanese government later said the bill implemented election commitments to make multinationals pay more tax and lift transparency.
Hansard ↗Budget sets out the multinational tax integrity package
The October 2022 budget supplied the specific policy details for tougher thin capitalisation limits and subsidiary disclosure requirements.
Hansard ↗Government introduces the bill to tighten deductions and lift transparency
The bill was introduced to limit debt deductions linked to related-party arrangements and require public companies to disclose their subsidiaries and tax domicile.
Hansard ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the new multinational tax integrity and transparency rules to become law.
Parliamentary timeline ↗Royal AssentThe final step that turns a bill passed by Parliament into an Act. turns the bill into law
Royal AssentThe final step that turns a bill passed by Parliament into an Act. completed the measure, allowing the new thin capitalisation rulesThe tax rules that limit how much interest a business can deduct when it borrows heavily, especially in multinational groups. and subsidiary disclosure regime to operate under the Act.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (22/06/2023): Senate Economics Legislation Committee; Committee report (22/09/2023)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
Second reading amendment agreed to
Referred to Committee (05/12/2023): Government amendments to bill referred to Senate Economics Legislation Committee; Committee report (05/02/2024)
Referred to committee
APH bill page notesA minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Third reading agreed to :
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form. The main amendments were: The official record includes both voice outcomes and counted divisions: Bragg's committee-review second-reading amendment carried 37-17 on 5 Dec 2023, Pocock's independent-review amendment carried 40-20 on 27 Mar 2024, and other amendment packages were either carried on voices or defeated in counted divisions.
Consideration of Senate message
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a bill passed by Parliament into an Act., turning the bill into an Act.
Key criticism
The main criticism was that the thin capitalisation and debt deduction changes were drafted too broadly and too fast, risking confusion, restructuring of ordinary transactions, and higher costs for investment, housing and infrastructure. Those concerns were raised mainly by business groups and echoed by Coalition figures, but the criticism was mostly about consultation, drafting and practical impacts rather than outright opposition to the bill’s goal.
No party represented in the debate opposed the bill’s tax integrity aim, but some support remained qualified.
Rules seen as unworkable and poorly drafted
Business groups and Coalition critics argued the debt deduction and thin capitalisation changes were not sufficiently targeted, had drafting problems, and needed redrafting after inadequate consultation.
Risk of higher costs for investment, housing and infrastructure
Critics warned the new earnings-based interest limits and debt creation rules could raise financing costs or disrupt major projects, with flow-on effects for housing affordability, infrastructure and investment in Australia.
Ordinary commercial transactions could be caught
A business lobby group said the changes could force companies to restructure normal transactions, including standard internal dealings and acquisitions, because the new rules were confusing and potentially overreaching.
Bill said to be too weak on transparency
Some crossbench and Greens supporters said the bill did not go far enough, because it left out public country-by-country reportingA proposal for multinationals to publish tax and financial details for each country they operate in, which some speakers wanted added to the bill. and dropped stronger earlier debt deduction reforms.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
House
Defeated 54 to 86. Support came from Liberal Party, Nationals, LNP, and minor parties and independents. Opposition came from Labor, Greens, Centre Alliance, and minor parties and independents.
The House rejected the amendment, so the bill proceeded without that political statement and the original second reading motion was agreed to.
The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senate
Passed 37 to 17. Support came from Greens, Liberal Party, UAP, and Nationals. Opposition came from Labor and minor parties and independents.
This delayed the bill and sent the government’s changes to committee scrutiny before the Senate continued with the legislation.
Passed 40 to 20. Support came from Greens, Liberal Party, UAP, and Nationals. Opposition came from Labor and minor parties and independents.
This added a review mechanism to the bill so the thin capitalisation changes would be independently examined after commencement.
Defeated 29 to 31. Support came from Liberal Party, UAP, Nationals, and One Nation. Opposition came from Greens, Labor, and minor parties and independents.
This would have delayed commencement of the new tax rules and forced extra consultation before they took effect, but the amendment was defeated.
Defeated 17 to 27. Support came from Greens, UAP, One Nation, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Labor, and Nationals.
This would have inserted extra PRRT transparency rules into the bill, but the amendment was defeated.
The APH progress record says 89 government amendments and two Pauline Hanson's One Nation amendments were agreed on voices.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The APH progress record says two Independent amendments were agreed; one was separately recorded in a counted Senate division.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senator Hume’s proposal, decided on voices, would have called for Schedule 2The part of the bill dealing with the thin capitalisation changes and the main target of some amendment attempts and criticism. to be withdrawn and for further consultation with industry and tax bodies before the bill proceeded.
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senator Duniam’s proposal, decided on voices, would have noted concerns about impacts on forestry, housing and investment and delayed further debate until consultation and more changes were made.
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senator McKim’s proposal, decided on voices, would stop certain preparation costs from counting when they relate to clearing native forests.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The Senate recorded the government RU100 committee amendments as carried on voices.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
The parliamentary record also shows 89 Government, 2 Pauline Hanson's One Nation amendments and 2 Independent amendments agreed without a counted division.
Parliamentary debate
Start here — lead voices
Leigh supports the bill, saying it delivers the government's election commitments and strengthens tax integrity and transparency so multinationals pay their fair share.
Read in Hansard ↗Bragg opposes the bill proceeding in its current form and moves to send the government amendments back to committee before the Senate goes further.
Read in Hansard ↗Roberts says One Nation will support the bill, but only as a small step and not enough on its own.
Read in Hansard ↗Steggall supports the bill as a step in the right direction because it improves transparency and limits profit shifting by multinationals.
Read in Hansard ↗All speeches by bloc
31 speakers · 32 contributions · 29 support · 2 unclear
“I rise here today to speak in favour of the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) Bill 2023. Beyond the introduction of this bill to the House, I am also glad to see that it was the Assistant Minister for Competition, Charities and Treasury that was responsible for doing so.”Read the full speech in Hansard ↗
“I commend the bill to the House.”Read the full speech in Hansard ↗
“This bill will bring into effect our commitments in the 2022 election campaign and also the commitments and undertakings we made in the October 2022 budget as part of our multinational tax integrity package to address tax loopholes exploited by those companies.”Read the full speech in Hansard ↗
“I commend this bill. I commend the work of the government's economic ministers. We look forward to continuing on the long journey to improve the integrity and transparency of multinational taxation in Australia, strengthen Australia's corporate tax system and make it fairer and more efficient for all Australians.”Read the full speech in Hansard ↗
“I believe this bill is a step forward on all of these three key measures. It definitely aligns the taxation revenue more closely with where the economic activity and economic value-add occurs. It will definitely close off loopholes where there are contrived arrangements, where thin capitalisation is used as a means by which profit is shifted from one jurisdiction to a lower tax jurisdiction, where it doesn't actually relate to the underlying economic meaning or grounding of the transaction itself. Finally, it's a significant step forward when it comes to transparency.”Read the full speech in Hansard ↗
“I rise today in support of the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) Bill 2023. This bill gives effect to the Albanese Labor government's election commitment to crack down on multinational tax avoidance and improve transparency of corporate subsidiaries, and as such has been foreshadowed since it was announced in April 2022.”Read the full speech in Hansard ↗
“In conclusion, this bill is a necessary step towards building a fairer, more transparent and sustainable tax system. By supporting this bill, we are sending a powerful message that Australia is committed to ensuring that multinational enterprises pay their fair share and contribute to the prosperity of our nation and the wellbeing of our communities.”Read the full speech in Hansard ↗
“I welcome the opportunity to speak on this bill, which will deliver on our government's commitment to ensuring that multinationals pay their fair share of tax. This is good policy. It's an important reform and, more than that, it reflects something that I know is important to a lot of Australians, including many people in my community who have brought up this issue with me and who want to see multinationals paying their fair share of tax.”Read the full speech in Hansard ↗
“Today is a significant step in ensuring that multinationals pay their fair share, just as the bill is named. They undermine confidence in the entire tax system. If we can ensure that multinationals operating in Australia pay their fair share of tax, we're not only going to lift revenues but we're going to increase confidence. I don't think it's a stretch to say that it will increase the accountability that people expect from all corporations. These are really significant changes we are bringing in for the broad consequences they will have, as well as for the specifics and for the businesses that they will directly affect.”Read the full speech in Hansard ↗
“We still have a lot more to do to level the playing field and support those Australian businesses, but this is a huge step in the right direction. I commend the work of the minister and the assistant minister, and I commend this bill to the House.”Read the full speech in Hansard ↗
“These legislative proposals before the House are both a fulfilment of the Labor government's election commitment and a fundamental step towards fostering a fairer and more equitable tax system. Schedule 1 enhances multinational tax transparency while schedule 2 strengthens Australia's thin capitalisation rules. By working within the framework of the OECD/G20 Inclusive Framework we are aligning our efforts with more than 135 countries and jurisdictions to address tax avoidance and promote a transparent tax environment.”Read the full speech in Hansard ↗
“I urge everyone to vote for this particular bill because it brings a level playing field. It is the right thing to do.”Read the full speech in Hansard ↗
“For all of those reasons it is important that we try to level out the playing field and have a fair tax system. In doing so, it will assist governments of all persuasions in raising their revenue so they can provide the services that everyone expects of governments.”Read the full speech in Hansard ↗
“More simply, this bill is about making our taxation system fairer and more equitable. It's about providing a level playing field for businesses and ensuring Australian companies are not disadvantaged along the way. It's about ensuring that multinationals shoulder their fair share of the tax burden and do not leave it to Australian workers to carry the can for them.”Read the full speech in Hansard ↗
“By introducing this bill, the Albanese government are keeping our promise to make multinationals pay their fair share. We called on the Abbott, Turnbull and Morrison governments to make these changes to multinational tax laws. Instead, they chose to chase welfare recipients to pay back incorrectly calculated and illegal debts. We're all paying the price for that, including some who've lost their lives. The Labor Party have a history of calling out injustice when we see it and legislating to stop it when we get elected. Making multinationals pay their fair share is a prime example of why Labor governments really do make a difference. This bill means more money for our hospitals, our schools, our crucial infrastructure projects and our environment, and I commend the bill to the House.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Andrew Leigh on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Leigh supports the bill, saying it delivers the government's election commitments and strengthens tax integrity and transparency so multinationals pay their fair share. He argues the changes will improve reporting, curb profit shifting, and protect the Australian tax system.
“The bill introduces new rules to protect the integrity of the Australian tax system and improve tax transparency. This will help to ensure a fairer and more sustainable tax system. The government will continue to engage with stakeholders on our commitment to introduce a public country-by-country reporting regime.”Read this contribution in Hansard ↗
Second reading speech
Leigh supports the bill and urges the House to pass it because it closes multinational tax loopholes, tightens debt deduction rules, and improves transparency so multinationals pay their fair share. He says the reforms are carefully consulted and designed to protect the tax base without affecting legitimate commercial arrangements.
“Closing multinational tax loopholes is not easy—and I want to commend the work the officials have done in engaging with a range of stakeholders, domestic and international, to put this package together—but tax reform needs to be done. The world is looking at the issue of multinational tax avoidance as a major challenge to the corporate tax base. If we don't do something about it, corporate tax itself could one day come under threat. So, we've done this. We've consulted with industry, we've consulted with stakeholders, and we've brought forward these important reforms today. I urge the House to support the bill but not to support the amendments that are being brought to it. I commend the bill to the House.”Read this contribution in Hansard ↗
“It's up to our Labor government. That's what we're doing with this bill: taking real action to make those multinational companies truly pay their fair share. I commend the bill to the House and thank the minister for all of his hard work on this policy area.”Read the full speech in Hansard ↗
“I am proud to be part of an Albanese Government. I am proud that we made this commitment at the last election. I am proud that we're delivering on this commitment as a government. We said that multinationals would pay their fair share in tax, and this legislation is delivering on that election commitment. I'm delighted to speak on this legislation. I'm proud to be part of a government that is delivering. I'm proud to know that all of our taxes are going to be spent making Australia a better place for everyone.”Read the full speech in Hansard ↗
“During the 2022 election campaign, the Albanese government committed to ensuring that multinationals would pay their fair share in tax. This legislation levels the playing field for Australian businesses and increases transparency. These reforms will hold companies to account on their corporate structures and whether they are operating with opaque or atypical tax arrangements.”Read the full speech in Hansard ↗
“I rise today to support the bill because I believe that multinational companies who operate in Australia should be paying their fair share of tax. I believe that operating here makes them a part of our economy and, therefore, they should respect the citizenry that has created and works in that economy.”Read the full speech in Hansard ↗
“This bill finally seeks to tackle the problem of corporate tax avoidance head on. I commend this bill to the House. I hope that all 151 members of this House of Representatives will see their way to support this important legislation.”Read the full speech in Hansard ↗
“This bill is not a magic fix for all multinational tax avoidance. Neither is it the only step needed to fully address the complexities of multinational tax avoidance fully. But it is a crucial and tangible step in the right direction. As the representative of a working class electorate I remain committed to working to strengthen our tax system to make it more transparent and ensure that it serves the interests of all Australians. I would hope that this government can count on all members in this place to support this bill and signal to the international community that all parties take tax avoidance seriously.”Read the full speech in Hansard ↗
“I rise to speak in support of the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) Bill 2023, a bill that will deliver fair outcomes in our taxation system by holding large multinational corporate groups to account on their taxation arrangements in Australia.”Read the full speech in Hansard ↗
“This bill will level the playing field for Australian businesses and increase transparency of large corporate groups, and I'm pleased to follow the contribution of the member for Bean.”Read the full speech in Hansard ↗
“Finally the Australian government is hearing the pleas of the Australian worker, who has been saying for some years: 'Hey, this system isn't working properly. It's unfair. We're getting ripped off. How about you make some of those big companies pay their fair share of tax?' The previous government didn't do enough. They paid lip service, and they were a light touch. We're not going to be a light touch; we're going to make sure that we do the right thing by the average Australian worker or small to medium sized enterprise and make these corporations pay their fair share of tax. That is what this bill will do. It helps ensure that multinationals contribute equitably and helps to safeguard revenue for essential services that all Australians rely on. That's why this bill should be passed by the House.”Read the full speech in Hansard ↗
“This legislation will also level the playing field for Australian businesses, particularly small businesses. It will also increase the transparency of firms' tax obligations. I commend the bill to the House.”Read the full speech in Hansard ↗
“This legislation was part of the Albanese government's platform going to the election last year. The Australian people voted for this legislation. We have a mandate and a duty to act, and we begin now.”Read the full speech in Hansard ↗
“The amendments to strengthen Australia's thin capitalisation rules will ensure multinationals pay an appropriate amount of tax in Australia, while balancing tax settings to support continued investment in Australia.”Read the full speech in Hansard ↗
“The time allotted for the consideration of the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) Bill 2023 has expired. I will first deal with the second reading amendments circulated by the opposition. The question is that the opposition's second reading amendment on sheet 2249 be agreed to.”Read the full speech in Hansard ↗
“Passage of this bill will require companies to disclose information on the number of subsidiaries and their country of tax domicile, ensuring that large corporate groups are more transparent about their corporate structures. This increased transparency will allow authorities to hold companies to account for engaging in opaque tax practices, such as through the use of subsidiaries located in low-tax jurisdictions, thereby informing government on whether tax laws are operating as intended in collecting the right amount of revenue. Companies will only be required to disclose their subsidiaries and their locations as part of their annual financial report, thereby reducing any extra compliance burdens as a result of these tax changes. This is in line with international approaches.”Read the full speech in Hansard ↗
“This bill will create transparency for revenue collection and level the playing field for all businesses. We welcome the support for this bill from the Tax Justice Network Australia, Publish What You Pay, the Australian Council of Trade Unions and the Financial Accountability and Corporate Transparency Coalition.”Read the full speech in Hansard ↗
4 speakers · 3 support · 1 oppose
“That's what we want to see. We won't oppose this legislation, but do not apologise for holding this government to account on its broken promises on tax, on its failure to take action on productivity—in fact, allowing it to go into an unprecedented reversal on their watch—and on its failure to make aspirational Australians the centrepiece of its focus.”Read the full speech in Hansard ↗
“Nonetheless, the principles that this bill is seeking to achieve are important. They are a continuation of the work that we undertook in government. We commend the OECD framework that sees governments working together on these issues, because we certainly believe that, as much as we want taxation to be as low as we can get it, everyone should pay their fair share of tax. Where multinationals are obtaining significant economic benefit from investing in our economy, they should pay their fair share of tax to pay for our society.”Read the full speech in Hansard ↗
“I'll finish on this point. It is very peculiar that the minister for taxation doesn't seem to want to have anything to do with his own legislation and is farming it out to poor old Dr Leigh, who has been sent to manage this mess of a bill, which is in such bad shape that it could undermine the government's own housing policy. I move:”Read the full speech in Hansard ↗
“This is a good piece of legislation in terms of ensuring multinational companies pay their fair share of tax, but it does not gloss over and does not hide the failure of this government to deliver on their other promises. There is no sign of that happening whatsoever. So I commend this bill to the House. As I said in my opening remarks, we will not be opposing this bill. But, once again, I just want to make the point that all we have seen from this government is higher cost of living, higher taxes and no sign of anything different from them whatsoever.”Read the full speech in Hansard ↗
2 speakers · 1 support · 1 mixed
“I want to be clear: the Australian Greens are considering our position on legislation. There are some small steps forward in this bill, but there are other steps that take us backwards. We want to take a considered approach to this legislation. We do want to be constructive, but we also want to ensure that we are making laws in this place that will see big corporations pay more tax.”Read the full speech in Hansard ↗
“The Greens will be supporting this bill in the House. We would have preferred the government adopt the policy that both Labor and the Greens took to the 2019 election but that Labor since dropped at the 2022 election, which is a familiar pattern with this Labor government. It was to remove the safe harbour and arms-length tests for multinational debt deductions and instead limit multinational debt deductions in Australia to the same ratio as their worldwide debt-to-equity ratios. We are yet to be convinced that deductions denied under the thin capitalisation rules provided by this bill should be able to be carried forward for up to 15 years, and we will be pursuing this issue through the Senate legislative committee inquiry.”Read the full speech in Hansard ↗
1 speaker · 1 support
“In wrapping up I want to say, again, to the senators who didn't hear me in my opening comments: we support this bill. But it is far too little. Why is it too little? We have plenty of money in this country for investment. We have super funds holding enormous sacks of gold, from rivers of gold. I'm asking the government to change your ways. Put families before large, foreign multinationals—Blackrock, State Street, Vanguard, First State. Put national interest before large, foreign multinationals. Reclaim our national sovereignty, and put it before large, foreign multinationals. Put Australia and Australians first.”Read the full speech in Hansard ↗
4 speakers · 3 support · 1 oppose
“Whilst this bill is a step in the right direction to limit profit shifting, much more needs to be done to rein in multinational tax avoidance. I commend the intention of this bill to turn the tide on multinational tax avoidance; however, it addresses just the tip of the iceberg.”Read the full speech in Hansard ↗
“The measures contained in the bill, as currently drafted, do two things: (1) they require public companies to disclose information on the number of subsidiaries and their country of tax domicile; (2) they strengthen the thin capitalisation rules to limit multinational debt deductions in Australia. While I'm supportive of both of these measures—after all, they are important, long overdue elements of increasing tax transparency and integrity—alone, they do not go anywhere near far enough.”Read the full speech in Hansard ↗
“Today I'm also moving my consideration in detail amendments, which would simply remove the unworkable provisions from the bill. This would allow for the timely passage of the rest of the bill while the government undertakes proper consultation and resolves concern with the debt creation rules. This would be a sensible way for the parliament to proceed with this legislation. I hope the government will recognise it is simply not appropriate to ask the House to support legislation which the government has no intention of implementing in its current form.”Read the full speech in Hansard ↗
“Every dollar of foregone tax is $1 that we don't have to provide for services to Australians. We have crises in aged care, health, cost of living, energy prices and poverty. I could go on. If companies paid their fair share of tax, we could go part way to fixing some of the systemic problems facing our nation. Requiring companies to disclose information about their subsidiaries and annual financial reports and aligning our laws with the Organisation for Economic Co-operation and Development by addressing the use of interest debts for base erosion and profit-shifting purposes, as proposed here, is appropriate and welcomed. I support this bill, and I look forward to multinational companies finally being bound by laws that give a fair go to all.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading amendment agreed to Details: Further consideration of bill deferred until day after Senate Economics Legislation Committee has presented its report, 06/02/24 (see reference in Notes below)
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
House · Consideration of Senate message
House agreed to Senate amendments
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a bill passed by Parliament into an Act., turning the bill into an Act.
Senate Economics Legislation Committee; Committee report (22/09/2023)
Referred to committee
Referred to Committee (22 June 2023): Senate Economics Legislation Committee; Committee report (22 Sept 2023)
APH bill page notesGovernment amendments to bill referred to Senate Economics Legislation Committee; Committee report (05/02/2024)
Referred to committee
Referred to Committee (5 Dec 2023): Government amendments to bill referred to Senate Economics Legislation Committee; Committee report (5 Feb 2024)
APH bill page notes