Trustee for the Seabreeze Estate Unit Trust v CofT – GST: eligible to sell on the margin scheme – onus discharged without documentary evidence

Tax Month - June 2019

On 21 June 2019, the AAT (Lazanas SM) decided that Seabreeze (a pseudonym) had acquired land under the margin scheme, and was, therefore, eligible to also apply the ‘margin scheme’ to the sale of the town houses it had developed on the land. The twist was the lack of evidence, and how the taxpayer discharged…

Mingos v CofT – Taxpayer appeals Federal Court’s decision denying him the ‘main residence’ exemption on a distribution of the gain on the discretionary trust’s house

Tax Month - June 2019

The taxpayer has appealed to the Full Federal Court against the decision of Davies J in Mingos v CofT [2019] FCA 834. The Federal Court had held that the taxpayer was not entitled to the CGT main residence exemption as he did not have an “ownership interest” in a property sold by a discretionary trust. See…