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GST liquidated damages and break fees

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Published on 01 Apr 07 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

Payments of liquidated damages fall outside the GST. Is that ipso facto and, if so, why? And does the same explanation cut it for break fees?

Author profiles

Paul Stacey
Paul is a Special Counsel at Corrs Chambers Westgarth and is a GST specialist whose practice involves advising major Australian companies on the GST implications of substantial transactions, including those in the property sector. He has worked as a taxation expert for almost 20 years, including nearly a decade in London. Paul is both a lawyer and a chartered accountant. He has also written extensively on GST matters and his views have been published both here in Australia and in Europe - Current at 28 May 2008
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Craig Milner CTA
Photo of author, Craig MILNER Craig is a Partner in the Allens Tax group, with more than 20 years of experience in providing tax advice. He is a lead taxation lawyer in transactions and projects for clients including in the funds, real estate, finance and energy sectors. He advises on mergers and acquisitions, group restructures, inbound and outbound investment and exit tax issues, fund creation and managed funds structures, property development structures, workouts and insolvency transactions, securitisation programmes and associated note issues, financing arrangements and general corporate tax issues. - Current at 15 August 2022
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