Full Federal Court dismisses taxpayer’s appeal in Cyonara Snowfox

In Cyonara Snowfox Pty Ltd v Commissioner of Taxation [2012] FCAFC 177  the Full Federal Court unanimously dismissed the taxpayer’s appeal from the decision of the Tribunal ([2011] AATA 124) where the Tribunal held that in respect of a number of sales of real property:

  • the taxpayer could not chose to use the margin scheme
  • the taxpayer had not established that a supply had been GST-free as a supply of a going concern; and
  • the Commissioner was barred from recovering the GST because it had not issued a valid notice under s 105-50 of Schedule 1 to the TAA.

The decision is long (running to some 174 paragraphs) and deals with a number of contentions raised by the taxpayer in the appeal, including two Notices of Motion seeking to restrict the Commissioner’s recovery of the GST.  My analysis of the decision can be found here.