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The ATO has published a Decision Impact Statement in relation to the AAT decision in A & C Sliwa Pty Ltd and FCT [2011] AATA 390; 2011 ATC 10-184. The case concerned whether income tax and GST had been properly paid in relation to the conduct of the taxpayer's property development and construction business.

The AAT found in favour of the Commissioner on nearly all of the income tax and GST associated with the conduct of the applicant's property development and construction business. The Commissioner conceded at the hearing that he had erred in the objection decision in not excluding from the applicant's assessable income the amount of extra GST payable by it on the sale of the property to which the margin scheme could not apply.


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