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Archive for the ‘GST/Stamp Duty Advice & Structuring’ Category
Author: Michael Adendorff
Monday, January 12th, 2009
Barcia Pty Ltd (as Trustee for Barcia Trust) and Commissioner of Taxation [2008]
The Administrative Appeals Tribunal (AAT) backed the Commissioner who had ruled that the applicant was not entitled to all of the input tax credits (ITC) he had claimed in the purchase of two properties. The Tribunal also confirmed that penalties had been correctly [...]
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Tags: aat, bas, input tax credit, itc, margin scheme, penalties
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Author: Michael Adendorff
Monday, January 12th, 2009
Cityrose Trading Pty Ltd v Booth & Anor [2008]
Victorian Supreme Court, Commercial & Equity Division
In 2006, Noel Booth bought a property in Victoria from Cityrose Trading Pty Ltd. The contract contained a special condition referring to GST but it did not stipulate whether GST was payable on the sale. Just before settlement, Cityrose advised Mr [...]
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Tags: appeal, consideration, exclusive, GST, inclusive, special condition, taxable supply, tribunal, value, vcat
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Author: Michael Adendorff
Monday, January 12th, 2009
Commissioner of Taxation v Reliance Carpet Co Pty Ltd
A commercial property was sold for almost $3 million in 1992, and contracts were exchanged with a deposit of 10 per cent. Both vendor and purchaser were registered for GST.
The purchaser did not complete the transaction and the deposit of $297,000 was forfeited to the vendor. The [...]
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Tags: commercial property sale, deposit, forfeit, forfeiture, GST, rescind, rescission
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Author: Michael Adendorff
Thursday, August 21st, 2008
The “Australia 2020 Summit — Initial Report” is available at:
www.australia2020.gov.au/report/index.cfm
The Initial Report foresees, amongst others:
A national and holistic tax system that is fair, simple and efficient to support the global competitiveness of Australia’s economy.
A comprehensive review of state and federal taxes within two years. This includes measures to simplify taxes and reduce inefficient taxes.
Tax exemption [...]
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Tags: 2020 Summit, Australia’s economy, Tax
Posted in Commercial Law, GST/Stamp Duty Advice & Structuring, Structuring - Business, Finance, Sale & Purchase | No Comments »
Author: Michael Adendorff
Thursday, August 21st, 2008
Prime Minister Kevin Rudd has suggested a “root and branch” review of the tax system. However, the GST rate will not change. By world standards, Australia’s GST rate is modest.
There is nothing new, again by world standards, in politicians suggesting tax system reviews. See David Martin’s work on Tax Simplification elsewhere on this website and my summary [...]
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Tags: GST, Tax, Tax Review
Posted in Commercial Law, GST/Stamp Duty Advice & Structuring, Structuring - Business, Finance, Sale & Purchase | No Comments »