Monthly Archives: July 2011

When the course of history is not furthered

Disposal of trading stock outside the ordinary course of business On 6 June 2011, the AAT considered the application of the income tax law and the GST law to a sale of property between associated persons at prices that were … Continue reading

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The taxing story of GST invoices

GSTR 2011/D1 – the draft ruling for tax invoices. The Commissioner released a draft ruling (GSTR 2011/D1) on tax invoices on 29 May 2011 to replace the original ruling (GSTR 2000/17) which was 29 pages in length. The draft ruling … Continue reading

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The ghost of Belvedere

GST guide on input tax relief for mergers and acquisitions It was generally thought that GSTR 2002/2, as it was originally released, took a view that (in merger and acquisition activities) acquisitions would relate to making a financial supply under … Continue reading

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Not the retiring type

The Retirement Village Company v Commissioner of Taxation [2011] AATA 298 Deputy President Hack, has considered the question of the revenue/capital character of the repayment of ingoing contribution and the capital appreciation payment made by a retirement village operator to … Continue reading

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What a sacrifice!

While things on the salary sacrifice arrangements have been quiet for some time, recent cases have before the AAT indicate that the Commissioner has been more active in this area than we might have thought. Senior Member of the AAT, … Continue reading

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Concerns about Going concerns

On Friday 18 March 2011, Greenwood J in the Federal Court handed down his decision in the case of Aurora Developments (Aurora Developments Pty Ltd v Commissioner of Taxation [2011] FCA 232). http://www.austlii.edu.au/au/cases/cth/FCA/2011/232.txt Essentially, the case involved whether the sale … Continue reading

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Assessing which determinations are reviewable

On 17th March, the Full Federal Court gave its decision in Commissioner of Taxation v The Administrative Appeals Tribunal. [2011] FCAFC 37. The Commissioner appealed against the decision of the AAT in which the Tribunal had held it did not … Continue reading

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Board of Taxation

The Board of Taxation is a non-statutory advisory body charged with contributing a business and broader community perspective to improving the design of taxation laws and their operation. The Board is tasked with advising the Treasurer on improving the general … Continue reading

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Cases

Taxation cases can be accessed through the following sites Asian Legal Information Institute – http://www.asianlii.org/ Australasian Legal Information Institute – http://www.austlii.edu.au/ British and Irish Legal Information Institute – http://www.bailii.org/ Canadian Legal Information Institute – http://www.canlii.org/en/index.php The European Court of Justice … Continue reading

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Discussion and consultation papers

The Treasury consultation page can be found here

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