Where there is a property transaction, there is also bound to be countless difficult GST issues. Mistakes in this space can be costly, and clients expect their property lawyers to be across the complexities.  This specialised webinar series allows you to learn from the best GST experts in the country, and will provide you with a practical understanding of how GST interacts with property transactions. It includes sessions on the margin scheme, sales of a going concern, and long-term leases. It also includes a compliance update from the ATO, as well as drafting essentials for GST clauses.

Training for as many staff as you want - no additional cost!

A single purchase entitles your company to access the five video webinars online as you require them for as many training sessions and for as many staff as you want.

Mastering GST Clauses: Key Drafting Essentials

GST clauses are sometimes seen as a simple and standard item which can be replicated from transaction to transaction. This session explores the complexities that can arise in specific circumstances including:

• Common mistakes with GST clauses
• Risks with poorly drafted GST clause
• Consequences when a GST clause is missing
• GST withholding clauses for real property contracts
• Issues when contracting with government agencies which are notional taxpayers
• Drafting for foreign exchange issues
• Lessons from case law

The Margin Scheme: Complexities in Practice

The margin scheme is central to the property development industry. This session reviews the key concepts in understanding how the margin scheme framework operates, including:

• The role of tax invoices
• Understanding the requirement for an agreement in writing
• Record keeping:
  • calculating the margin
  • calculating the consideration for the acquisition of subdivided land or stratum title units
• Dealing with amalgamated land
• Effect of the margin scheme – no input tax credits available to purchaser
  • limitations on resale
• Valuation issues – is the valuation provided on a GST inclusive basis?
• Getting GST advice early – what questions should the adviser ask?
• Lessons from recent case law

Sale of a Going Concern - Risk Management Checklist

The sale of a going concern still raises compliance issues. The transaction has to be considered from the supplier’s perspective. This session covers an essential compliance checklist for gaining the GST exemption, including:

• Have the parties agreed the sale will be of a sale of a going concern?
• What if seller has different entities owning different parts of the business?
• Recovery of GST where going concern exemption does not apply
• Purchaser and vendor warranting they remain registered until time of completion
• Transfer of employees on transfer of going concern
• Dealing with partly tenanted or vacant buildings
• Can a tenant of commercial property purchase that property as going concern?
• Can a corporate trustee of a fund satisfy the going concern exemption?
• Property has a commercial and residential lease – is whole property a going concern?
• Case update

Long-term Leases and Development Agreements: The GST Challenges

The grant of long-term leases over government land can give rise to interesting GST challenges. This is especially the case where the government imposes requirements for works to be done as a precondition of granting the long-term lease. This session considers:

• The characteristics of development lease arrangements
• Understanding GSTR 2015/2:
  • what is non-monetary consideration?
  • determining the value of non-monetary consideration
  • accounting for GST
• Taxpayer Alert 2018/3 – what types of arrangements are the ATO cautioning against?
• Understanding the different rules for not-for-profits and commercial developers
• Lessons from Barton Partners and Belconnen Lakeview class actions

ATO Compliance Regime – Understanding the Regulator from a GST Perspective

This session examines the ATO compliance approach and the best way to manage the client ATO relationship when dealing with GST compliance for property transactions. It includes:

• The ATO GST compliance approach – an overview
• Understanding the types of data the ATO uses in assessing compliance
• GST record keeping and reporting of transactions
• Practical case studies

Simone Bridges, Partner, Baker & McKenzie, Sydney

Damian O’Connor, Principal & Chartered Tax Advisor, Tax + Law, Brisbane

Fletch Heinemann, Partner, Cooper Grace Ward Lawyers, Brisbane

Michael Patane, Partner, Hopgood Ganim Lawyers, Brisbane

Loretta Bishop-Spalding, Director, Australian Taxation Office, Adelaide

This video webinar series includes the following components:

• Online access to the 5 video webinar programs covering the subjects listed.  Programs are 55 minutes in length on average
• The 5 programs were presented at our online masterclass in March 2021 are now available on demand
• Online access to the technical support papers and/or powerpoint presentations accompanying each 

If you need assistance or have an enquiry, please do not hesitate to contact our Customer Service Officer – contact Natasha De Paola on (03) 8601 7721 or email: [email protected]