- VCE v Commissioner of Taxation [2006] AATA 821.
- Taxpayer (Develop co) v Commissioner of Taxation [2010] AATA 497.
- Unit Trend Services Pty Limited v Commissioner of Taxation [2012] FCAFC 112.
- ibid, [143].
- Commissioner of Taxation v Unit Trend Services Pty Limited [2013] HCA 16, [40].
- Unit Trend (FCAFC) (n 3) [204].
- Unit Trend (n 5) [51].
- Income Tax Assessment Act 1936, Part IVA.
- A New Tax System (Goods and Services Tax) Act 1999 (GST Act 1999), s 165–5(1)(b).
- Explanatory Memorandum to Tax Laws Amendment (2008 Measures No 3) Bill 2008 [1.20], although the section was introduced by the Tax Laws Amendment (2008 Measures No 5) Act 2008.
- GST Act 1999, s 48–40(1).
- ibid, s 48–45(1).
- ibid, s 48–40(2).
- ibid, s 48–45(2).
- The taxpayer, as vendor, must have a written agreement with the purchaser in order to be entitled to apply the margin scheme in calculating the GST payable on a sale: GST Act 1999, s 75–5(1), (2).
- Including land that re-enters the GST system after being sold to a consumer and later purchased for enterprise use.
- This is the date on which GST commenced in Australia.
- The ineligibility generally persists unless there is a taxable sale to a consumer. Any subsequent re-sale back into the GST sphere may, however, re-enliven the right to use the margin scheme.
- Unit Trend (n 5) [22].
- ibid, [42].
- ibid, [45].
- ibid, [46].
- ibid, [40].
- ibid, [41].
- ibid, [66], citing Taxpayer (Developco) (n 2) [110].
- ibid, [67].
- ibid, [33].
- Division 75 allows consecutive applications of the margin scheme, which has the effect that each supplier applies GST on its margin but each purchaser cannot claim an input tax credit on its acquisition.
- Unit Trend (n 5) [39].
- ibid, [50].
- ibid, [48].
- Ibid.
- ibid, [58].
Anti-avoidance provisions and tax benefits from statutory elections
Commissioner of Taxation v Unit Trend Services Pty Limited [2013] HCA 16
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