*GSTR 2012/D1 – Meaning of “residential premises” and “commercial residential premises” [R3]

This Draft GST Ruling, released on Wed 22.2.2012, sets out the Commissioner’s views on the meaning of “residential premises”, “commercial residential premises” and “accommodation in commercial residential premises” for the purposes of Subdiv 40-B (residential rent), Subdiv 40-C (residential premises) and Div 87 (long-term accommodation in commercial residential premises) of the GST Act. The 82-page…

*GSTD 2012/1 and GST 2012/2 – Sale of residential and commercial premises subject to leases [R2]

GSTD 2012/1 – residential premises This GST Determination, released on Wed 22.2.2012, deals with the GST consequences following the sale of residential premises that are subject of a lease. It states there is a continued supply of the premises by way of lease, which remains an input taxed supply. Consequently, the purchaser of residential premises…

Re Bell and FCT – CGT small business concessions – Beneficiary appeals to Federal Court against AAT decision that he failed the maximum net asset value test on a the trust’s capital gain of over $6m [C8]

The taxpayer has appealed to the Federal Court against the decision in AAT Case [2012] AATA 45, Re Bell and FCT. The AAT ruled that the taxpayer beneficiary of a trust failed the maximum net asset value test for the purposes of accessing the CGT small business concessions in relation to a capital gain of…

R v Boughen; R v Cameron – sentences increased for Wickenby case involving false claims for expenses paid to Vanuatu, evading $1.75m in tax [C7]

In a Project Wickenby case, the NSW Court of Criminal Appeal has unanimously allowed an appeal by the Commonwealth DPP and increased the sentences that had been imposed on 2 men by Finnane DCJ in the NSW District Court in July 2011 and September 2011. The Court said each man had pleaded guilty to 2…

*Re Gunawan and FCT – Taxpayer a resident of Australia (not enough to be away 183 days), so assessments and penalties affirmed [C6]

The AAT has affirmed income tax assessments and penalties imposed by the Commissioner in respect of a taxpayer for the 2002, 2003, 2005 and 2006 income years. The taxpayer arrived in Australia in 1995 and since then had purchased a property to house his wife and children, and investment properties. The taxpayer was a director…

*Australian Crime Commission v Stewart & Ors – Wickenby case: privilege attaches to some documents, but not all those claimed [C3]

The Federal Court has held that legal professional privilege attached to a number of documents obtained by the Australian Crime Commission (ACC) from several taxpayers. The Court said the ACC, in exercise of powers under the Australian Crime Commission Act 2002 and warrants issued under the Crimes Act 1914, had obtained a large number of…