Live Webinar: Capital versus Income: Finally, Some ATO Guidance on Property Development Cases


Date:  Thursday 7th February 2019 – Online:
Vic, NSW, ACT, Tas: 11:30am to 1pm 
SA:  11am to 12:30pm  WA: 8:30am to 10am 
NT: 10am to 11:30am  Qld: 10:30am to 12noon

The capital revenue distinction is a perennial issue for tax advisers to consider, with the outcome heavily dependent on particular fact patterns. With comprehensive new guidance recently released from the ATO on its position in property developer cases, it has never been more important to be across the details. Issues discussed include:

  • Examining the ATO’s Draft Property and Construction Website Guidance
  • At what point does development go beyond mere realisation?
  • What happens when it does?
    • CGT event
    • trading stock?
    • implications of trading stock
  • Dealing with the CGT problem if there is one:
    • pre-CGT asset?  Are you sure? Has it accidentally lost its status?
    • can the gain be deferred?
    • what potential small business CGT concessions interactions will arise?
  • The GST aspects of capital versus revenue – what is the impact on the question of enterprise if a development is revenue in character?
  • What happens from GST perspective if land is trading stock and then becomes on capital account?
  • Case study 1: The accidental property investor – when do mum and dad investors move from capital to revenue account?
  • Case study 2: Rural land added to the urban growth zone and entering into development agreements – what is the impact for the farmer?
Our presenter

Fletch Heinemann, Partner, Cooper Grace Ward, Brisbane

Fletch is a partner in the firm’s commercial team. He assists clients by providing tax advice across a range of commercial issues.  He is also responsible for managing a significant volume of tax and customs disputes. His experience includes drafting notices of objection, private ruling applications, AAT appeals and litigation in the Federal Court.

His technical specialisations include income tax (including international tax and residency issues), GST, payroll tax, land tax, stamp duty and customs duties.

Before joining Cooper Grace Ward, Fletch was a tax lawyer in Baker & McKenzie’s Sydney office. Prior to that, Fletch worked for a Big 4 accounting firm in the UK and then China.


This webinar is suitable for accountants and lawyers advising in taxation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.


Live webinar delegates will receive a CPD certificate for attendance at this webinar.  Accountants can claim up to 1.5 CPD/Training hours.  Lawyers can claim up to 1.5 CPD units/points – substantive law.  This webinar has been designed to run for 1.5 hours, however, webinar lengths can vary depending on the level of questions and discussion, and the minimum length of the webinar is 1 hour.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: RBEFEB19
 Price:   $264.00 (Inclusive of GST)
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