Daily Archives: February 19, 2022

North Australian Contracting Pty Ltd v CofT – No JobKeeper benefits because associated entities were not part of the same group and could not carry on the same business

On 16 February 2022, the AAT decided that a company was not entitled to JobKeeper payments, for 9 employees, for August 2020, as, on 1 July 2020, they were employed by a different, albeit associated, company which was not carrying on the same business as the applicant. The taxpayer’s position had, I think, more merit than might be evident, initially,…

Whiddon v CofT – Foreign source gain from share swap assessable as ordinary income for taxpayer who had become resident

On 10 February 2022, the AAT upheld the Commissioner’s assessment of a gain made on a complex arrangement from an exchange of shares and options, was assessable as ordinary income – as profit making arrangement or scheme. To  uphold the assessment, the AAT also had to find that the taxpayer was resident, in the relevant…

Perpetual Corporate Trust Ltd v Commissioner of State Revenue –  student accommodation exempt from SA land transfer duty – 1 semester stays too short to be ‘residential’ (GST meaning adopted)

On 25 January 2022, the South Australian Supreme Court decided that purpose-built student accommodation facility was not used predominantly for residential purposes and therefore qualified for a stamp duty exemption. The Court used the GST case of Marana Holdings, to interpret ‘residential’ and ‘reside’ having some permanence or long-term nature. The facts were these. In September 2019…