TEN Shop products: conferences, subscriptions, books and papers, webinars, DVDs and CDs. Search Results
 Recorded Webinar: GST Supply of a Going Concern - A Case Study Intensive


5 May 2020
Duration:  approx. 1 hour


The sale of a going concern gives rise to a GST exemption which can deliver major transfer duty savings and cash flow benefits to the purchaser, making it a particularly attractive proposition where real property is involved. However, the simplicity of the legislative provisions can mask the complexities in practice. This session analyses Subdivision 38-J of the GST Act through the following case studies:

  • Sale of a business name, client list and P&E - is that enough to constitute the supply of a “going concern”?

  • Sale of an office complex - can there be a going concern if the premises are not fully or are only partly tenanted?

  • GSTR 2002/5 re: multiple vendors and/or multiple purchasers:

    • sale of business and real property by a single vendor, where the purchaser wants to acquire the real property in one entity and the business assets in a separate entity (“one to two”) - can the going concern exemption be used?

    • sale of business by two vendors, where the first vendor owns the business assets while the second vendor owns the real property, to a single purchaser (“two to one”) - structuring to satisfy the ATO’s requirements

    • two vendors and two purchasers (“two to two”) - can the supply be done on a GST-free basis?

  • Sale of office premises where vendor becomes purchaser’s tenant

Recorded Webinars,GST and Indirect Taxes,Recorded Webinar:  GST Supply of a Going Concern - A Case Study Intensive

Michael Butler is a Tax and Revenue Partner Finlaysons, Adelaide 

Michael has spent over 30 years working solely in taxation law – he is a true specialist in his field. His deep experience in tax law means he can provide advice that considers each client’s unique situation and suggest tax-effective options and solutions to help clients achieve their commercial goals. 

Michael’s expertise at state, federal and international levels includes income tax, capital gains tax, GST, WET, fuel tax credits and carbon tax, as well as stamp duty, payroll tax and land tax. Also experienced in international taxation, Michael has assisted a number of Australian and foreign companies with the implementation of international transfer pricing methodologies and advised on the tax and GST implications of operating in Australia.

His special interests include property and mining taxation, estate and business succession planning, international tax matters and tax dispute resolution. He has advised a range of clients on the tax and GST implications of property subdivisions and developments, and mining operations and joint ventures, and also helped private clients to deal with the difficult tax and family issues that arise during asset division.

Michael has established a truly international tax and revenue practice from his base in Adelaide, servicing clients throughout Australia and all over the world. He provides clear, concise and commercially-focused advice and a high value and responsive service.


This webinar is suitable for accountants and lawyers advising in GST & property matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

© Television Education Network Pty Ltd 2021

Product Code: WBBMAY20
 Price:  $264.00 (Inclusive of GST)
© 2021 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.