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


7th February 2019

Duration:  1.5 hours

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.

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:
Product Code: WBEFEB19
 Price:  $264.00 (Inclusive of GST)
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