The ATO has published a Decision Impact Statement in relation to the decision of the Federal Court (Emmett J) in KAP Motors Pty Ltd v FCT  FCA 159. The case concerned the entitlement to a refund for GST that was overpaid because of a mistaken belief concerning the GST treatment of holdback payments that motor vehicle dealers receive from distributors. The Court found for the taxpayer. The Commissioner accepts his Honour's view on this issue. The Commissioner is not appealing the Court's decision. The Decision Impact Statement sets out how eligible taxpayers may claim a refund of overpaid GST.
For a copy of the Decision Impact Statement, go here