Decision impact statement

The Trustee for the Naidu Family Trust and Commissioner of Taxation

Court Citation(s):
[2011] AATA 910
2011 ATC 10-227
82 ATR 807

Venue: Administrative Appeals Tribunal
Venue Reference No: 2011/0421
Judge Name: Member Hughes
Judgment date: 19 December 2011
Appeals on foot: No.
Decision Outcome: Favourable

Impacted Advice

Relevant Rulings/Determinations:

• N/A

Subject References:
GST liability on supply of a property
Timing of supply of property
Mortgagee in possession

Précis

Outlines the ATO response to this case, which concerned whether the taxpayer was liable to GST on a supply of property as mortgagee in possession.

ATO view of Decision

The Tribunal's decision that the taxpayer is liable to pay GST on the supply of property is in accordance with the Commissioner's view of the operation of section 105-5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

The Tribunal finding that the supply of property took place at settlement, that is, at the time the transfer was executed, is consistent with the Commissioner's submissions to the Tribunal.

The ATO also accepts that it was open to the Tribunal to remit the matter to the Commissioner to reassess the net amount based on the revised calculation.

Administrative Treatment

Implications for ATO precedential documents (Public Rulings & Determinations etc)

Implications for Law Administration Practice Statements

Legislative References:
A New Tax System (Goods and Services Tax) Act 1999 (Cth)
105-1
105-5

Case References:
Federal Commissioner of Taxation v Reliance Carpet Co Pty Ltd
(2008) 236 CLR 342
68 ATR 158
2008 ATC 20-028

Re Keenhilt Pty Ltd (as trustee for the CHC Services Trust) v Federal Commissioner of Taxation
[2007] AATA 2095
67 ATR 988
2007 ATC 2794

Central Equity Ltd v Commissioner of Taxation
[2011] FCA 908
2011 ATC 20-274

Brady King Pty Ltd v Commissioner of Taxation
[2008] FCAFC 118
(2008) 168 FCR 558
2008 ATC 20-034
69 ATR 670

Stevenson v Federal Commissioner of Taxation
(1991) 29 FCR 282
91 ATC 4476
22 ATR 56