Sterling Guardian Pty Limited v Commissioner of Taxation [2005] FCA 1166

FEDERAL COURT OF AUSTRALIA

Sterling Guardian Pty Limited v Commissioner of Taxation [2005] FCA 1166 TAXATION – Goods and Services Tax – margin scheme – purchase of land prior to GST coming into operation – subsequent registering of strata plan and sale of stratum units – taxable supply of 'real property' – whether s 75-5(2) of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) precluded the applicant from applying the margin scheme – whether s 75-5(2) requires a precise identity between the interest acquired and the interest supplied – whether supplies purchased in respect of which the applicant obtained input tax credits form part of the 'consideration' for the acquisition of the stratum units Acts Interpretation Act 1901 (Cth), s 15AA A New Tax System (Goods and Services Tax) Act 1999 (Cth), ss 75-5, 9-40, 184-1, 9-5, 9-10, 195-1, 9-15, 7-1, 11-5, 11-10, 11-15, 11-20, 11-25, 9-70, 9-75, 75-10, 75-15, 75-20 Body Corporate and Community Management Act 1997 (Qld) Duties Act 1997 (NSW), s 55 Income Tax Assessment Act 1997 (Cth), s 124-190 Plant Variety Rights Act 1987 (Cth), s 14 Real Property Act 1900 (NSW) Stamp Act 1894 (Qld), s 53(9) Strata Schemes (Freehold Development) Act 1973 (NSW), ss 5, 7, 18, 41, Subdivision Act 1988 (Vic) Taxation Administration Act 1953 (Cth), s 22(1) Chaudhri v Federal Commissioner of Taxation (2001) 109 FCR 416 applied CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 applied Cooper Brookes (Wollongong) Pty Ltd v The Commissioner of Taxation of the Commonwealth of Australia (1981) 147 CLR 297 referred to Growing Wealth Pty Ltd v Commissioner of Stamp Duties (Qld) [2001] 2 Qd R 603 discussed Commissioner of State Revenue (Vic) v Pattison [2001] 3 VR 520 discussed Moruben Gardens Pty Limited v Commissioner of Taxation of the Commonwealth (1972) 46 ALJR 559 referred to Network Ten Pty Ltd v TCN Channel Nine Pty Ltd (2004) 205 ALR 1 referred to Sportscorp Australia Pty Ltd v Chief Commissioner of State Revenue (NSW) (2004) 213 ALR 795 discussed Sun World International Inc v Registrar, Plant Breeder's Rights (1998) 158 ALR 98 discussed Bright and Dewar eds, Land Law: Themes and Perspectives, 1998 DC Pearce and RS Geddes, Statutory Interpretation in Australia, 5th ed, 2001 STERLING GUARDIAN PTY LIMITED v COMMISSIONER OF TAXATION NSD 823-828 OF 2003 STONE J 24 AUGUST 2005 SYDNEY