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Recorded Webinars

Recorded Webinar: Is Your Property Venture an Enterprise? Managing the GST Implications

The ATO has indicated that whilst considerable thought may be given as to whether a property venture is on income or capital account, less thought is given as to whether an enterprise is being conducted to tick off the GST aspects of the arrangement. This session looks into when G
PRESENTED BY Andrew Sommer Partner - Clayton Utz , Sydney

Date/Time

About the Webinar

The ATO has indicated that whilst considerable thought may be given as to whether a property venture is on income or capital account, less thought is given as to whether an enterprise is being conducted to tick off the GST aspects of the arrangement. This session looks into when GST can apply to a property development, including:

  • Is an enterprise different to a business?
  • What are the factors that determine whether it is a business or profit-making undertaking being conducted?
  • Does determining whether an enterprise is being conducted for GST follow the same capital v revenue distinction for income tax?
  • GST issues to consider for:
    • the subdivided backyard
    • subdivided farmland (San Remo Heights Pty Ltd v C of T [2020] AATA 4023)
  • Can the definition of an “enterprise” differ for SMSFs? (Sec. 9.20(1)(da) GST Act 1999, Collins & Anor ATF The Collins Retirement Fund v FC of T [2022] AATA 628)
  • The ATO’s data matching of property sales and review activity being undertaken
  • Practical examples

Presented By

Andrew Sommer
Partner, Clayton Utz Sydney, NSW

Andrew Sommer is the National Practice Group Leader for our Taxation group and is an experienced tax lawyers who advises on a wide variety of indirect tax matters including GST, income tax, fringe benefits tax, land tax and pay roll tax.

Andrew has extensive experience in the GST aspects of financing structures (including securitisations), major projects, property transactions and the whole range of commercial transactions and is experience in the conduct and management of disputes with revenue authorities and litigation at all levels, including proceeding before the High Court. Andrew has also been responsible for various submissions lodged with the Australian Taxation Office and Commonwealth Treasury on behalf of clients and industry groups.

Andrew regularly presents on GST and indirect tax issues at tax specialist conferences. Andrew is a member of the Australian Taxation Office’s indirect Tax Rulings Panel and a member of the ATO’s GST Stewardship Group.

Who Should Attend?

This webinar is suitable for accountants and lawyers advising on GST & property – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Accountants can claim up to 1 CPD/Training hour. Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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