GST: married couple not a partnership, not carrying on an ‘enterprise’ in building a residential property for short-term letting, planting olives and no ITC [49]

The AAT has held that a married couple were not a partnership for GST purposes, were not carrying on an enterprise, and were not entitled to input tax credits claimed on various acquisitions, including in relation to a residential building, during the relevant period. The couple bought a rural property in 2006 and constructed a…

*Re Swanbat Pty Ltd and FCT – GST: recouping refund paid outside the 4-year limit not in the ‘net amount’ so amended assessments set aside as outside s8AAZN [47]

The AAT has set aside the Commissioner’s amended assessment in relation to a BAS for the period 1 April 2008 to 30 June 2008 and held that the taxpayer’s net amount for the quarter was zero. It did so on the basis that the amended assessment was excessive. The taxpayer company lodged a BAS for the period 1 April 2008 to…

Re VGGL and FCT – GST input tax credits denied re property development business through insufficient information and unrelated litigation [46]

The AAT has affirmed the Commissioner’s decision and denied a taxpayer input tax credits claimed in relation to a property development business for the period from September 2005 to September 2009. The taxpayer was a sole trader who operated a property development business. There were a number of issues before the Tribunal in relation to the input tax credits…

*Re Australian Style Investments Pty Ltd as Trustee for the Australian Style Investments Unit Trust and FCT – supply of irrevocable proxies not a financial supply [45]

The AAT has held that a taxpayer was liable to GST in relation to the execution of a trust deed as it was a taxable supply under s 9-5 of the GST Act. The taxpayer was a trustee of a unit trust constituting a managed investment scheme and involved in an infrastructure project and in 2009…

*New ATO data-matching program gazette to collect credit and debit card sales information [43]

The ATO has on Thur 12.12.2013, gazetted a notice stating that it will request and collect data relating to credit and debit card sales of entities for the periods from 1 July 2012 to 30 June 2014 from various financial institutions, including Commonwealth Bank of Australia, St George Bank, Westpac Banking Corporation, Australia and New Zealand Banking Group Limited,…

Building and construction industry ‘taxable payments system’ and the annual reporting obligation – ATO following up businesses and their agents [42]

The ATO has advised that it is currently contacting businesses in the building and construction industry by phone to test the levels of understanding of the requirements of the taxable payments system, and to assist businesses to comply with their annual reporting obligations. The ATO advises tax agents whose clients have been contacted to ensure…

ATO needs transformational change and cultural shifts: review [41]

The Australian Public Service Commission has released the findings of its “capability review” of the ATO highlighting opportunities for improvement. The review highlighted various strengths of the agency, but noted that the ATO needs to undergo “transformational change”. The Commission said the taxpayer community will demand greater access to improved services in a digital world,…