*Re The Trustee for Andrew Garrett Family Trust No 3 and FCT – objection not lodged as alleged, so no deemed objection decision for AAT to review – refund GST [59]

Tax Month - June 2013

The AAT has held that it did not have jurisdiction to hear a taxpayer’s application for review of an alleged objection decision by the Commissioner concerning a GST refund issue. The Tribunal said Mr Andrew Garrett, as trustee of the Andrew Garrett Family Trust (No 3), lodged with the AAT an application on behalf of…

Means tested ‘private health insurance rebate’ assessed in 2012/13 return – new Medicare income thresholds published with tables [52]

Tax Month - June 2013

The ATO has reminded taxpayers of changes made last year to means test the 30% private health insurance rebate. Individuals earning more than $84,000, or families earning more than id=”mce_marker”68,000, will start to lose the rebate in the 2012-13 financial year. The ATO said it will work out the rebate entitlement of taxpayers when they…

ATS Pacific Pty Ltd v FCT – Taxpayer appeals Federal Court decision that travel agent’s services to other travel agents overseas are not GST-free [56]

Tax Month - June 2013

The taxpayer has lodged a notice of appeal to the Full Federal Court against the decision in ATS Pacific Pty Ltd v FCT [2013] FCA 341. In that case, the Federal Court held that supplies provided by a taxpayer, an Australian travel agent, to non-resident travel agents were subject to GST, as they did not…

Yacoub v FCT – Taxpayer discontinues appeal to Full Federal Court leaving decision they were liable as partners to GST on the sale of the property [61]

Tax Month - May 2013

The taxpayers have discontinued their appeal to the Full Federal Court against the decision of Jagot J in Yacoub v FCT (2012) 83 ATR 722. In that case, the Federal Court dismissed appeals by taxpayers concerning the Commissioner’s decision to disallow an objection to a notice of assessment for the payment of GST regarding properties sold. It…

*High Court dismisses Taxpayer’s application to appeal from decision imposing ‘margin scheme’ tax instead of ‘going concern’ GST-free treatment [58]

Tax Month - June 2013

The High Court has dismissed the taxpayer’s application for special leave to appeal against the decision of the Full Federal Court in Cyonara Snowfox Pty Ltd v FCT [2012] FCAFC 177. The Full Federal Court had dismissed the taxpayer’s appeal against an earlier AAT decision, which had affirmed a GST assessment under the margin scheme…

*Re Sanctuary Australasia Pty Ltd and FCT – Taxpayer not entitled to review of s8AAZLGA decision to withhold a refund once superseded by a zero amended assessment [55]

Tax Month - June 2013

In a decision handed down on Tue 4.6.2013, the AAT has held that a taxpayer was not a “person … dissatisfied” with the Commissioner’s reviewable objection decision and relating to the withholding of a GST refund, and as a consequence, was not entitled to apply to the Tribunal for review of that decision. The taxpayer…

*Bayconnection Property Developments Pty Ltd & Ors v FCT – Appeal dismissed re claimed ITCs re property development [57]

Tax Month - June 2013

The Federal Court has dismissed a taxpayer’s appeal against an earlier AAT decision that it was not carrying on an enterprise and therefore not entitled to input tax credits (ITCs). In AAT Case [2013] AATA 40, Re Bayconnection Property Developments Pty Ltd and Ors and FCT, the AAT had held that 5 company taxpayers were…