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On 12 August 2009, the ATO issued a Decision Impact Statement in relation to the Federal Court decision in FCT v Swansea Services Pty Ltd [2009] FCA 402; 2009 ATC 20-100; 72 ATR 120. The case concerned whether the taxpayer was carrying on an enterprise for the purposes of s 9-20 of the GST Act.

The taxpayer's only activity since 1997 has been the acquisition of paintings and antiques. From 1997 to November 2005 approximately $4.8 million had been spent. This comprised 225 antique items and 87 paintings. Sales were very minor. None occurred until Nov 2002. Only 3 items were sold in the period 1997 to Nov 2005. In that same period painting sales totalled $46,000 and antique sales totalled $60,000.

The Court held that there was evidence on which the AAT could properly base its decision that the taxpayer was carrying on an enterprise and thus entitled to be registered for GST purposes.

The Commissioner has decided not to appeal the decision.

For a copy of the Decision Impact Statement, go here


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