*Unit Trend Services Pty Ltd v FCT – Commissioner granted stay in GST case to defer ‘margin scheme’ treatment until High Court decision comes down [42]

The Federal Court (Logan J) has granted the Commissioner a stay of certain orders made in the Full Federal Court’s August 2012 decision in Unit Trend Services Pty Ltd v FCT [2012] FCAFC 112 until the determination by the High Court of the Commissioner’s application for special leave to appeal, and if special leave to appeal is granted,…

*ATS Pacific Pty Ltd v FCT – Supplies of Australian products to non-resident travel agent not GST-free as they were for their non-resident clients but booking percentage was GST-free [41]

The Federal Court has held that supplies provided by a taxpayer, an Australian travel agent, to non-resident travel agents were subject to GST, as they did not fall within the scope of s38-190 of the GST Act, because the supplies were ultimately provided to non-resident tourists who travelled to Australia. However, the Court held that…

*Re GOL-HUT Pty Ltd as trustee for the Helensvale Unit Trust – Decreasing adjustment denied: not registered for GST [40]

The AAT has affirmed the Commissioner’s private ruling that a taxpayer was not entitled to a decreasing GST adjustment as a consequence of it no longer being registered, or required to be registered, for GST. The taxpayer was registered for GST and acquired land and developed a retirement village in 2000. It then deregistered for…

Re Brookdale Investments Pty Ltd and FCT – GST liability on Commissioner’s higher “consideration” amount for land stands [38]

The Commissioner has been successful before the AAT in a matter concerning the quantum of “consideration” for GST purposes received by a taxpayer on a taxable supply of land to a third party. The matter centered on the Commissioner’s amended assessment of a GST net amount of $59,283 for the December 2007 quarter on the sale of…

Tourist Refund Scheme for GST refunds now easier to access – doubled period before leaving and multiple invoices over A$300 [37]

Customs has advised that changes to the requirements for making a claim under the Government’s Tourist Refund Scheme (TRS) come into effect on Wed 17.4.2013. The TRS regulation changes will allow passengers to claim a refund of GST on purchases made up to 60 days before leaving Australia, whereas previously it was 30 days. Passengers…

ATO Taxation Statistics 2010-11 – an increase in collections on the previous year in all main categories [36]

The ATO on Tue 30.4.2013, released Taxation Statistics 2010-11 which features data compiled from tax returns from the 2010-11 income year and other financial information provided in activity statements and other FBT, GST, and excise forms for the 2011-12 financial year. Highlights from the statistics for the 2010-11 year included: Personal Tax: 12.6m individuals lodged…

Consolidated groups and ‘rights to future income’ changes: ATO to widen its compliance work to be ‘fair and equitable’ to large business taxpayers [35]

Last year, the Tax Laws Amendment (2012 Measures No 2) Act 2012 modified the consolidation rights to future income (RTFI) and residual tax cost setting (RTCS) rules. The changes were intended to ensure that the tax outcomes for consolidated groups are more consistent with the tax outcomes that arise when assets are acquired outside the…