Recorded Webinar: Tax Implications of Failed Property Settlements


15th November 2018

Duration:  approx. 1.5 hours

As lending restrictions tighten, there are an increasing number of investors (non-resident and Australian) unable to obtain financing and so unable to settle on purchases. This can lead to forfeited deposits, rescinded contracts, damages payments and settlement agreements. This session considers the GST, income tax/CGT and transfer duty implications that can arise, including:

  • Will CGT Event H1 or section 6-5 apply to forfeited deposits and in what circumstances?
  • Application of GST to forfeited deposits – application of Division 99 and the Reliance Carpet case
  • Duty exemption on cancellation of contract – when does it apply?
  • Damages payments – capital or revenue?
  • Can damages constitute consideration for a supply?
  • What is the tax consequence of payments under settlement agreements relating to multiple purchasers in the same development?
Our presenter

Andy Milidoni, Partner, Johnson Winter & Slattery, Sydney

Andy specialises in all aspects of taxation and revenue law related issues, as well as superannuation and trust law. He has advised on matters such as the tax implications of corporate mergers, acquisitions and restructures, managed investment schemes and stapled structures, funds management, the taxation of trusts generally, equity market transactions, debt market transactions and employee share schemes.

Andy also advises on superannuation for retail, industry and self managed superannuation funds, employment taxes including fringe benefits tax, PAYG, superannuation guarantee etc, wills and estates. He has been involved in pro bono matters including the deductible gift recipient applications, establishing private ancillary funds, public ancillary funds and charitable trusts and charitable institutions.

Andy has acted for clients in product ruling, class ruling and private ruling applications to the ATO and in negotiating settlements with the ATO related to tax audits and tax disputes.


This webinar is suitable for accountants 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: WBINOV18
 Price:  $264.00 (Inclusive of GST)
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