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Moore Property News

 


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    GST treatment of interest-free loans received by retirement village developers.

    Apportionment between input taxed supplies and taxable supplies for GST for retirement homes – the Commissioner rules (GSTR 2010/D1)!
    The Government introduced legislation into Parliament earlier this week for the new Managed Investment Trust (MIT) definition that will apply to both the capital account election reforms and the withholding tax regime. The intention of the new definition is to expand the application of the MIT regime to a wider range of managed funds. Unfortunately, it has not fully achieved this objective.

    MIT – the new tax regime

    Australian fund managers welcomed the much anticipated announcement that the Government will introduce an exclusive taxation regime that will apply to the taxation of trusts that qualify as Managed Investment Trusts (“MIT”). It is expected that the New MIT regime will remove the longstanding uncertainty in the interaction of Australian tax and trust law in the area of MITs.
    The Government has released an amended definition of a Managed Investment Trust (MIT) for public consultation. The amended definition will apply to both the capital election reforms and the withholding tax regime. 
    Under section 40-65 the sale of residential premises is input taxed but only to the extent that the property is residential premises “to be used” predominantly for residential accommodation.

    The meaning of “to be used” was debated in The Federal Court decision in Sunchen Pty Ltd vs Commissioner of Taxation [2010] FCA 21 (29 January 2010). It was held in that case that the future intention of the purchaser should determine the GST treatment of the sale.
    The Full Federal Court handed down the decision of South Steyne Hotel Pty Ltd & Ors vs FC of T on 20 November 2009 confirming most of the previous judgement in relation to characterisation of supplies in relation to serviced apartments.  For property developers, this is an important case as it details the Courts view on different types of supply by way of lease and sale of premises and the GST consequences.  The decision generally coincides with the Commissioners views as expressed in GSTR 2000/20 regarding the sale and lease of commercial residential premises. 
    The Full Federal Court handed down the decision of South Steyne Hotel Pty Ltd & Ors vs FC of T on 20 November 2009 confirming most of the previous judgement in relation to characterisation of supplies in relation to serviced apartments.  For property developers, this is an important case as it details the Courts view on different types of supply by way of lease and sale of premises and the GST consequences.  The decision generally coincides with the Commissioners views as expressed in GSTR 2000/20 regarding the sale and lease of commercial residential premises. 
    Property holders may soon be required to pay the Growth Areas Infrastructure Contribution (GAIC) on certain property transactions occurring in Melbourne’s growth areas.
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