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Compensation for loss: Settlement arrangements, court orders and warranty claims paper

Member Price: $57.00
Non Member Price: $75.00

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Published on 06 Sep 12 by NATIONAL DIVISION, THE TAX INSTITUTE

Most businesses will be exposed in some way to issues concerning compensation for loss, whether through insurance or damages or warranty claims. Natural disasters in recent times have brought insurance issues into particular focus.

This paper covers:

  • basic concepts
    • taxable supply
    • supply
    • consideration
  • compensation for loss
    • statute
    • contract
    • voluntary payments
  • settlement arrangements
    • the ATO’s view - GSTR 2001/4
    • GST clauses
  • court or tribunal orders
    • making of an order
    • quantum meruit
    • court order amended for GST
  • apportionment
  • costs
  • cnterest (pre and post judgement)
  • waiver of the requirement to hold a tax invoice / adjustment note
  • settlement arrangement tips
  • warranty
    • background
    • ATO's View – GSTD 2006/1 and GSTD 2006/2
    • cases
    • analysis
    • proposed amendments to GST-free treatment of warranties
    • breach of warranty.

Author profiles

Geoffrey Mann CTA
Photo of author, Geoff MANN Geoff Mann, CTA, advises on indirect tax with particular emphasis on goods and services tax and state/territory taxes, including stamp duty and land tax. Geoff's tax experience spans over thirty-five years, and he has advised a wide range of clients, across a range of industries and transaction types and issues, across all Australian jurisdictions. Geoff deals regularly with and maintains a good relationship with all Australian revenue authorities. Geoff has represented clients in a range of tax litigation and dispute matters. Geoff's multi-skilling across tax areas and his dual legal and accounting qualifications, place him in a unique position to assist clients with complex tax issues relating to transaction structuring and implementation, including M&A, infrastructure projects, real estate transactions, corporate restructures, prudential reviews, , and liaison with and managing disputes with revenue authorities. - Current at 06 June 2025
Click here to expand/collapse more articles by Geoff MANN.
Nika Dharmadasa
Nika is a Senior Associate as Ashurst.
Click here to expand/collapse more articles by Nika Dharmadasa.
Jayr Teng
Jayr is a lawyer at Ashurst.

 

This was presented at 2012 National GST Intensive .

Get a 20% discount when you buy all the items from this event.

Individual sessions

Joint keynote address

Author(s):  James O'HALLORAN,  Robert OLDING

Materials from this session:

El Condor Pasa - Is GST change inevitable?

Author(s):  Michael B EVANS

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GST issues and wealth management

Author(s):  Bill PACKWOOD,  Amelia O'Rourke

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GST and infrastructure projects

Author(s):  Tony WINDLE,  Patrick LAVERY

Materials from this session:

Compensation for loss: Settlement arrangements, court orders and warranty claims

Author(s):  Geoff MANN,  Nika Dharmadasa,  Jayr Teng

Materials from this session:

Compensation for loss: GST issues from the insured's perspective

Author(s):  Michael Flanderka

Materials from this session:

GST case update

Author(s):  Cathryn FERRARIS,  Cindy Zhang

Materials from this session:

Managing GST/VAT in the Asian century

Author(s):  Lachlan R WOLFERS

Materials from this session:

Cross border transactions: GST update

Author(s):  Denis MCCARTHY

Materials from this session:

Refunds and the brave new world of section 105-65

Author(s):  Michelle BENNETT

Materials from this session:

Aquisition supplies

Author(s):  Andrew SOMMER,  Brad MILLER

Materials from this session:

GST and E-commerce

Author(s):  Jeremy GEALE,  Alison Sharpe

Materials from this session:

Consideration reconsidered

Author(s):  Kevin O'ROURKE

Materials from this session:

GST and real property

Author(s):  Scott McGill,  Heydon MILLER

Materials from this session:

GST ruling system in practice

Author(s):  Mark L ROBERTSON

Materials from this session:

Further details about this event:

 

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