Taxpayer appeals to Full Federal Court re decision that liable to pay entire GST as a partnership

The taxpayer has filed an appeal to the Full Federal Court from the decision of the Federal Court in Yacoub v Commissioner of Taxation [2012] FCA 678.  The Federal Court found that the taxpayer was liable for pay the whole GST liability for a property development on the basis that the entity was a partnership rather than a member of a joint venture.  My post on that decision can be found here.

The decision provides an opportunity for the Full Federal Court to consider the often difficult distinction between a joint venture and a partnership.  This has significant implications for taxpayers in a GST context because a partnership may (as the Federal Court found here) leave the taxpayer “holding the bag” for the whole GST where the other entity has gone into liquidation.

The Federal Court Portal shows that the Callover for the appeal will be held on 24 October 2012 in Sydney.

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