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23 Sep 11 NTLG GST Sub-group

Last week, Mathew Nicholls FTIA (Ernst & Young) and Suzanne Kneen FTIA  (Blake Dawson) attended the NTLG GST Sub-group meeting on Wednesday 14 September 2011 in Canberra. 

The matters discussed at the meeting included:

  • Preserving the status quo in situations where a supplier may have incorrectly treated a supply as taxable and the recipient therefore incorrectly claimed input tax credits. There was a discussion around the difficulties of dealing with cross border transactions where the application of the GST-free provisions is not always clear. The ATO will provide further guidance in a soon to be released Practice Statement dealing with revenue neutral transactions.
  • The ATO compliance program 2011/12 and the Risk Differentiation Framework.
  • International All Sports v Commissioner of Taxation [2011] FCA 824 and the GST implications in relation to gambling supplies and professional gamblers.
  • Section 105-65 of Schedule 1 to the TAA and the issues discussed in the International All Sports case, margin scheme refunds and the implications of a taxpayer self assessing under section 105-65.
  • The issues associated with determining the notional and legal GST liabilities of a State.
  • The application of the GST-free going concern provisions in relation to an arrangement which involves the supply of things that are not necessary for the continued operation of an enterprise but have been utilised in the enterprise.
  • References to section 357-60(3) of Schedule 1 to the TAA in rulings and in particular the date of effect of this provision. 
  • The GST implications of Spriggs case and the interaction of GST with PAYG withholding.

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