The ATO on Mon 17.9.2012, issued the following Decision Impact Statements: AAT Case [2011] AATA 766, Re National Jet Systems Pty Ltd and FCT;MTAA Superannuation Fund (R G Casey) Building Property Pty Ltd v FCT [2012] FCAFC 89 – In those cases, the Tribunal and the Full Federal Court respectively, denied claims of the taxpayers that supplies made under amended pre-GST leases during the relevant periods were GST-free pursuant to s 13 of the GST Act.
- In the Decision Impact Statement on MTAA Superannuation Fund, the ATO broadly said the Full Court confirmed the decision of the Tribunal that s 13 of the GST Transition Act will not apply where the consideration for the relevant supplies is not specified or worked out pursuant to an agreement entered into before the date of Royal Assent.
- It said a similar approach by the Tribunal was taken in the National Jet Systems case. In addition, in the Decision Impact Statement on National Jet Systems, among other things, the ATO said the Commissioner accepts the Tribunal’s decision on the extension of time issue and its observations about s 105-65 of Sch 1 to the TAA. Further in response to the decisions, the ATO said it will withdraw GST Ruling GSTR 2000/16 (GST-free supplies under existing agreements) and will review Miscellaneous Tax Ruling MT 2009/1 (Notification requirements for an entity under s 105-55 of Sch 1 to the TAA).
[LTN 180, 17/9]