Author Archives: Michael Evans

GST-free food

The ATO produces a detailed food list that enables you to check whether an item is GST-free as food or beverage under Australia’s GST law. This “tool” is a public ruling for the purposes of the Taxation Administration Act 1953. … Continue reading

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Average corporate tax rates

The second issue of the Economic Roundup for 2011 contains, amongst other things: – a survey of average rates of company tax across industries; and – an examination of the rise in household savings in Australia and its implications for public … Continue reading

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The road from Travelex

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

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Terminating farming GST-free

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

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Bundling alert

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

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Farm-out arrangements

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

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You get points for loyalty

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

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Its not all harmony

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

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Settling on timing

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

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Weird buildings

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

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