Monthly Archives: August 2011

On 31 August 2011, the Commissioner released a draft addendum to GSTR2003/8 – the ruling concerned with the treatment of “rights” for use outside of Australia. The addendum seeks to find a pathway between adopting the basis of the High … Continue reading →

A draft determination has been issued on the question of whether a ‘farming business’ is carried on where there has been a cessation of farming activities as a consequence of a decision to sell the land.   The answer could … Continue reading →

On 24 August 2011, the Commissioner issued a draft GST Determination – GSTD 2011/D2 – dealing with the arrangement described in TA 2010/1.  Essentially, the taxpayer alert and the draft determination cover an arrangement where, as part of an acquisition … Continue reading →

Keiran – we talked and talked but we can talk no more. Over the past several days, the Commissioner issued: A draft miscellaneous taxes ruling on the taxation aspects of immediate transfer farm-out arrangements. a draft miscellaneous taxes ruling on … Continue reading →

On 24 August 2011, the Commissioner issued GSTR 2011/D3 – a  draft ruling dealing with the GST treatment of loyalty programs.  The due date for submissions on the draft is 7 October 2011. Most of the ruling is not surprising … Continue reading →

Self assessment of indirect tax revisited The first ED to harmonise GST and other indirect taxes with the income tax assessment system was released on 18 January 2011. After a difficult consultation and a federal budget, the Government announced in … Continue reading →

Central Equity This is a decision of Gordon J in the Federal Court concerning whether a supply of real property (by way of sale) was “made” on or after 1 July 2000 (http://www.austlii.edu.au/au/cases/cth/FCA/2011/908.html). The question was whether the supply was … Continue reading →

Meaning of “building” Footnote 11 to GSTR 2011/D2, amongst other things, has caused some comment about the treatment of an offshore mobile drilling rig: The Commissioner considers that accommodation provided to employees and contractors on an offshore mobile drilling unit … Continue reading →

Print Allied Technology (http://www.austlii.edu.au/au/cases/cth/AATA/2011/555.html) This is an AAT decision of Member Dr G. Hughes. It concerns a contract entered into (with an associate) for the purchase of plant that was cancelled. The equipment was purchased, instead, by way of hire … Continue reading →

I need to talk about Lynn Smith’s case (http://www.austlii.edu.au/au/cases/cth/AATA/2011/563.html) so I can talk about statutory construction – and the significance of “context” in interpreting taxation law. Lynn Smith withdrew monies from her SMSF to fund financial difficulties of her real … Continue reading →