ATO’s changing view on division 129 presentation

Published on 23 Mar 09 by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE

The ATO view of how property transactions should be treated for GST purposes has continued to change significantly over the past year. This has been driven by the Commissioner's own rulings program and a number of significant court cases that have been decided.

This presentation covers the new draft ruling GSTR 2008/D5 which discusses the ATO's view of the treatment of new residential premises when their proposed use changes from sale to rental. Given the current downturn, does this provide a developer with an opportunity to claim additional credits for past transactions or will the ATO's view create additional compliance issues that will need to be carefully managed? This presentation also covers the decisions in recent court cases and discuss what this will mean in practice for property developers.

Author profile

Matthew Nicholls CTA

Matthew Nicholls, CTA, is an Executive Director at EY’S Adelaide Tax Practice specialising in Indirect Tax matters. Matthew has over 26 years’ experience working with tax. Matthew has worked for EY for over 12 years and specialises in providing technical advice, assisting with compliance issues and the implementation and use of data analytics for clients - Current at 22 January 2018

More by Matthew NICHOLLS

• GST and property development paper - 26-February-2016
• GST - Managing risk and opportunity in a changing world paper - 02-May-2013
• GST issues impacting family planning paper - 17-September-2012
• The impact of GST on property paper - 03-February-2012
• GST in 2010, is it still a “practical business tax” paper? - 06-May-2010
• GST changes in 2008 paper - 23-March-2009
• GST and property development case studies paper - 19-February-2008
• GST update: the year so far - developments in 2007 paper - 04-May-2007

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