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  • Property and Construction Forum key messages 17 October 2018

    Welcome and update

    The meeting was facilitated by John Clingan from the ATO who welcomed the group. Joanne Casburn introduced the agenda.

    Current and future trends in the residential property market

    Ryan Farrow, Senior Research Analyst from the Property Council of Australia (PCA) provided a presentation on current and future trends across Australia in the residential property market.

    Ryan reported a cooling across most markets and provided details on changes in values across capital cities and annual rent changes.

    Industry sentiment is that price growth and construction is expected to slow as credit availability continues to tighten.

    In a residential update of market drivers it is expected that a slower rate of sales and reduced buyer numbers will result in reduced dwelling prices.

    For a copy of this presentation please contact the Secretariat.

    Issues for small business in the property and construction industry

    Jill Lawrence and Annette Conroy from the Australian Small Business and Family Enterprise Ombudsman (ASBFEO) discussed a number of issues including the importance of Small Business to the Australian economy. Small Business contributes 35% to GDP, employs 44% of Australia’s workforce and 70% are family enterprises.

    The ASBFEO assist and advocate for Small Business. Their work includes research, advising ministers, providing direct 1:1 support and alternative dispute resolution.

    The Ombudsman has provided submissions to the Black Economy Task Force as well as the Commonwealth Review of Security of Payments Laws (Murray) and the NSW Deemed Statutory Trusts – Building and Construction review.

    Issues outlined include illegal Phoenixing, Deemed Statutory Trusts and increasing integrity in Commonwealth procurement.

    For a copy of this presentation please contact the Secretariat.

    ATO update on WebGuidance and Head Contractor projects

    Joanne Casburn discussed why the ATO is taking an industry approach to property and construction and some of the projects being undertaken to support compliance. She provided an update on the Head Contractor project where the ATO is focussing on influencing large head contractors to improve compliance of their subcontractors. We are supporting those head contractors by providing a risk profile of their subcontractors as well as developing a best practice procurement guide.

    Some of the risks we are seeing in the subcontractor population are:

    • Outstanding lodgment of income tax returns and business activity statements
    • Incorrect or non-existent ABN and GST registrations when required


    The technical session provided by Dean Karlovic included discussion of the Mere Realisation Doctrine; multiple projects through multiple entities and examples from the Consultation Paper.

    For a copy of this presentation please contact the Secretariat.

    Illegal phoenix in the property and construction industry

    Julie Eldridge from the ATO Phoenix Taskforce advised the group that the cost of illegal phoenix behaviour is between 2.85 and 5.13 Billion dollars per annum. Illegal phoenix behaviour creates an unfair competitive advantage; affects innocent businesses and also erodes community trust and confidence.

    The ATO is working with other agencies as part of the Phoenix Task Force to combat the illegal behaviour.

    Housing Industry Association (HIA) research on current and future trends in the industry

    Keith Ryan from the HIA provided a residential building update. He reported that labour market conditions have improved; low interest rates are supporting capital investment, and the housing cycle is moving further from the peak.

    He predicted a good outlook for the Australian economy; a reduction in new home builds; the detached home sector outperforming the apartment sector, and a continued variation of performance around the country.

    For a copy of this presentation please contact the Secretariat

    Next meeting

    April 2019 by video conference. We will contact members to discuss agenda topics.




    ATO, Assistant Commissioner Private Groups and High Wealth Individuals (PGH)

    Joanne Casburn

    ATO, Assistant Commissioner PGH (Phoenix)

    Aislin Walwyn

    ATO, Director PGH

    Scott Walker

    ATO, Director PGH (Phoenix)

    Julie Eldridge

    ATO, Director Public Groups and International

    Robert Sanderson

    ATO, Director Debt

    Anita Challen

    ATO, Director ITX

    Maurice Manno

    ATO, PGH

    John Clingan

    ATO, PGH

    Keiron Galloway

    ATO, Director PGH

    Dean Karlovic

    Her Majesties Revenue and Customs (HMRC)

    San El-Grew

    Housing Industry Association (HIA)

    Keith Ryan

    Property Council of Australia (PCA)

    Eli Braggins

    Property Council of Australia (PCA)

    Ryan Farrow

    Fraser Property Australia

    Kathryn Tomkins

    Macpherson Kelley

    Carolos Barros

    Australian Small Business and Family Enterprise Ombudsman (ASBFEO)

    Annette Conroy

    Australian Small Business and Family Enterprise Ombudsman (ASBFEO)

    Jill Lawrence

    Australian Building and Construction Commission (ABCC)

    Madeleine Jones

    Australian Securities and Investments Commission

    Joe Zubcic


    Khai Chau




    ATO, Assistant Commissioner ITX

    Craig Powell

    ATO, Deputy Commissioner ITX

    Tim Dyce

    ATO, Assistant Commissioner SMB

    Matthew Bambrick

    Master Builders Association

    Alex Waldron

    Queensland Building and Construction Commission (QBCC)

    Brett Bassett

    ATO, Assistant Commissioner IAL

    Les de Wind


    Yvonne Fell

    PricewaterhouseCoopers (PWC)

    Michelle Le Roux

    Revenue NSW

    Elizabeth Verteouris

      Last modified: 06 Feb 2019QC 57856