Commissioner of Taxation v DB Rreef Funds Management Limited [2006] FCAFC 89

FEDERAL COURT OF AUSTRALIA

Commissioner of Taxation v DB Rreef Funds Management Limited [2006] FCAFC 89 TAXES AND DUTIES – Goods and Services Tax – transitional legislation – existing agreements – where under long term lease nominal rent included component referable to fit-out of premises – where contribution to certain operating costs also required – where options to renew exercisable after commencement of taxing act – where market rent review permitted upon exercise of option – where fit-out component excluded from review – where rent in respect of part of premises excluded from review – where reviewed rental not to be less than nominal rental – where no opportunity to review contribution to operating costs – whether such contribution was part of consideration for supply – whether opportunity to conduct market rent review constituted opportunity to conduct general review of consideration for the supply – whether a 'review opportunity' for the purposes of transitional provision – whether supplies arsing out of the exercise of the options were GST-free. A New Tax System (Goods and Services Tax) Act 1999 (Cth) A New Tax System (Goods and Services Tax Transition) Act 1999 (Cth) s 13 ACP Publishing Ltd v Commissioner of Taxation (2005) 142 FCR 533 referred to CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 referred to Commissioner of Stamp Duties v J.V. (Crows Nest) Pty Ltd (1986) 7 NSWLR 529 applied Commissioner of Stamp Duties v Commonwealth Funds Management Ltd (1995) 38 NSWLR 173 cited Commissioner of State Revenue (Vic) v Royal and Sun Alliance Insurance Australia Ltd (2003) ATC 4998 cited DB Rreef Funds Management Ltd v Commissioner of Taxation (2005) 218 ALR 144 affirmed COMMISSIONER OF TAXATION v DB RREEF FUNDS MANAGEMENT LIMITED NSD 783 OF 2005 COMMISSIONER OF TAXATION v DB RREEF FUNDS MANAGEMENT LIMITED NSD 784 OF 2005 RYAN, HEEREY AND EDMONDS JJ 8 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA