*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are using Checkpoint, the links can be found in the CP PDF at the bottom of this post.
The latest issue of the Australian GST Journal (Volume 14 Part 2) contains the following material:
CASE NOTE – Melanie Baker
- Tutors, motor vehicle enthusiasts and litigation funders: A case update on what it means to “carry on an enterprise”
- South Korea: Korea’s Tax Reform Proposals for 2014 – Daniel (Dong-keon) Lee
- Malaysia: GST implications on accommodation premises and similar establishments – Professor Jeyapalan Kasipillai
An evaluation of the new GST refunds regime – Gina Lazanas and Robyn Thomas
The new GST refunds regime in Div 142 of the A New Tax System (Goods and Services Tax) Act 1999 operates so as to restrict suppliers from recovering overpaid or over reported GST in circumstances where the burden of the excess amount has been “passed on” to recipients of supplies. The reforms followed years of uncertainty for the Commissioner and taxpayers in applying the previous restriction on GST refunds provision set out in s 105-65 of Sch 1 to the Taxation Administration Act 1953. The new regime includes a number of improvements, including a (qualified) input tax credit entitlement for recipients where the supplier has overcharged GST and is denied a refund under Div 142. Ongoing uncertainties include interpreting the meaning of “passed on” and the extent to which the High Court sales tax decision of Avon Products Pty Ltd v Commissioner of Taxation (2006) 230 CLR 356;  HCA 29 will be applied in the GST context.