Geocon Land Holdings No. 5 Pty Ltd v Commissioner of Taxation

[2025] FCAFC 172

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Interrogate

Catchwords

1. Taxation
2. › Goods and Services Tax
3. › Consideration for supply
4. › Whether grant of Crown Lease consideration for development services
1. Taxation
2. › Goods and Services Tax
3. › Attribution of GST
4. › Whether total consideration known
1. Taxation
2. › Goods and Services Tax
3. › Margin scheme
4. › Section 75-10(2)
5. › Whether consideration includes GST on non-monetary consideration
1. Taxation
2. › Goods and Services Tax
3. › Excess GST
4. › Division 142
5. › Meaning of "passed on"

Quick Take

Overall profitability does not create a presumption of passing on in GST refund claims for overpaid GST under the margin scheme; the inquiry must focus on the particular pricing methodology, the developer's knowledge and beliefs about the GST liability, and whether the sale price was in fact affected by the overpaid GST.