Brady King Pty Ltd v Commissioner of Taxation [2008] FCAFC 118

FEDERAL COURT OF AUSTRALIA

Brady King Pty Ltd v Commissioner of Taxation [2008] FCAFC 118

TAXATION – Goods and Services Tax – whether property developer "held" or "acquired" interest in strata units before commencement of GST Act on 1 July 2000 for purpose of determination of GST liability under margin scheme – whether property supplied to purchaser required to be identical in juridical terms to property acquired – contract to purchase property with exclusive licence enabling access for purpose of carrying out non-structural works entered into prior to 1 July 2000 – creation and sale of residential stratum units on settlement after 1 July 2000

A New Tax System (Goods and Services Tax) Act 1999 (Cth) ss 75-5, 75-10, 195-1 Income Tax Assessment Act 1997 (Cth) s 124-190(3) Explanatory Memorandum to the A New Tax System (Goods and Services Tax) Bill 1998 (Cth) Allina Pty Limited v Commissioner of Taxation (1991) 28 FCR 203 cited Benyon and Partners v Customs and Excise Commissioners [2005] 1 WLR 86 cited Brady King Pty Ltd v Commissioner of Taxation [2008] FCA 81 reversed CIC Insurance Ltd v Bankstown Football Club (1997) 187 CLR 384 cited Commissioner of Taxation v Reliance Carpet Co Pty Ltd [2008] HCA 22 discussed Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 cited Federal Commissioner of Taxation v Suttons Motors (Chullora) Wholesale Pty Ltd (1985) 157 CLR 277 cited Tanwar Enterprises Pty Ltd v Cauchi (2003) 217 CLR 315 cited Saga Holidays Ltd v Commissioner of Taxation (2006) 156 FCR 256 cited Sterling Guardian Pty Ltd v Commissioner of Taxation (2006) 149 FCR 255 cited Sterling Guardian Pty Ltd v Commissioner of Taxation [2005] FCA 1166 cited BRADY KING PTY LTD v THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

VID 140 of 2008