Treasury has released exposure draft legislation to restore the position before the Federal Court decision in Deputy Commissioner of Taxation v PM Developments Pty Ltd [2008] that the representative of an incapacitated entity (such as a liquidator of a company in liquidation) is liable for GST on transactions within the scope of its appointment has been released. The proposed amendments will also ensure that the GST outcome for the representative will be the same as it would have been for the incapacitated entity.

Interested parties are invited to comment by 7 August.