MSAUS Pty Ltd as the Trustee for the Melissa Trust and Commissioner of Taxation [2017] AATA 1408

TAXATION – Goods and Services Tax – sale of an apartment subject to a lease – whether sale was a GST-free supply of a going concern – interpretation of contractual terms – written agreement that the sale was a supply of a going concern – conditional agreement to apply margin scheme where transaction constitutes a taxable supply – agreement made on or before the making of the supply – consideration of the effect of a Deed of Rectification – decision set aside and substituted. Read more