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  • GST property settlement online forms and instructions

    Purchasers of new residential premises or potential residential land who are required to withhold part of the purchase price for payment to us must submit the following online forms:

    The online forms provide the details of:

    • the contact person
    • the property
    • the GST withholding amount
    • purchaser and the supplier (vendors, seller, property developers, etc).

    If you are a property supplier you are not required to submit these online forms.

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    When to submit the forms

    The GST property settlement withholding notification form (form one) is used to advise us that a contract has been entered into for the supply of new residential premises or potential residential land in which there is a withholding obligation.

    The purchaser or their representative can submit form one at any time after a contract has been entered into and prior to the date the withholding obligation is due. Usually that will be the settlement date but if the contract is an instalment contract it will be the date the first instalment is paid.

    The GST property settlement date confirmation form (form two) is used to confirm the settlement date.

    The purchaser or its representative can submit form two at the time the withholding obligation becomes due, either when the first instalment is paid or at settlement, or as soon as practical thereafter.

    Note: Purchasers are only required to submit one set of forms for each property transaction. If however, the purchaser or supplier details have changed since lodging the GST withholding notification form, you will need to complete and submit another form one GST property settlement withholding notification form.

    Who can complete and submit

    Purchasers are required to complete and submit the two online forms.

    A purchaser can authorise a representative to submit the forms on their behalf by giving them a signed declaration.

    Depending on the state or territory the property is located in, the purchaser's representative can include a:

    • conveyancer
    • solicitor.

    Declaration

    When you lodge an approved form on behalf of your clients, you are required to receive a signed declaration in writing from your client.

    The client declaration must state:

    • they have authorised you to lodge the document
    • the information is true and correct
    • they are aware that you are not a registered tax agent or Australian legal practitioner and you cannot provide tax agent or legal services (conveyancers only).

    Your client can choose to provide this declaration by email, fax or in paper form.

    Your client is required to retain the declaration (or a copy) for up to five years. We recommend you also keep a copy of the declaration for your own records. Paper declarations can be scanned and stored electronically.

    The declaration is not required to be sent to us. The Commissioner may request a copy of the declaration at a later date.

    Example of a declaration

    I, [name of client], authorise [name of representative] to prepare and lodge the GST property settlement withholding notification and GST property settlement date confirmation (remove one document if authority has not been given to lodge both) to the Commissioner of Taxation on my behalf.

    I declare that the information provided for the preparation of the document is true and correct.

    I am aware that [name of representative] cannot provide tax agent or legal services (conveyancers only).

    I am authorised to make this declaration.

    [Insert for email declaration] Type full name and date

    [Insert for paper declaration] Signed: Date:

    How to complete form one – GST property settlement withholding notification form

    These instructions explain how to complete each section of the GST property settlement withholding notification form, how to submit it and what happens next.

    To assist you in filling in this form, ensure you have the following documents readily available:

    • contract of sale
    • supplier notification (this may have been provided to you in a separate document or incorporated into the contract of sale).

    Note: You can't save an incomplete form and return to complete it at a later date – the form must be completed and submitted in one session.

    Help is available in the top right-hand side of the form. If you are unsure of how to complete this form after reading these instructions or you encounter any issues, you can phone us on 13 28 66 (fast code 3, 4).

    Form sections

    1. Contact details

    As the purchaser or the purchaser's representative, you must provide your contact details. This allows us to contact you to resolve any issues and process the form faster.

    Note: Mandatory fields are marked with an asterisk (*).

    The contact detail fields are:

    • Are you completing this form as a purchaser of the property or the purchaser's representative? – Select the box that represents if you are the purchaser or their representative
    • Title – select the title of the contact person from the list provided
    • Last name – enter the last name of the contact person
    • First name – enter the first name of the contact person
    • Phone number – enter the contact person's phone number with area code or mobile number – don't include brackets or spaces in your entry
    • Email address – enter the email address for the contact person – by providing an email address, you are authorising us to respond to you by email regarding this property transaction.

    As the contact person you will be provided with a copy of the notification confirmation by email if you have provided your email address. If you have not provided your email address you will not receive any correspondence and you will be prompted to print a copy of the summary page.

    The following options are presented at the end of the contact details section:

    • Cancel – to cancel the form
    • Next – to proceed to the property details section of the form.

    2. Property details

    This should include details of the new residential premises or potential residential land being purchased. These details should be listed in the contract signed by the purchaser:

    • Property type – select one of the following, House, Unit or Land – this is located in the contract of sale
    • Address – enter the address of the property being purchased as listed in the contract, including the suburb/town/locality, state/territory and postcode.

    Enter the plan type, plan, lot, volume, folio or section/block of the property being purchased. This is located in the contract of sale. Mandatory fields vary depending on the state or territory where you have purchased the property.

    Transaction details

    This is how you complete the following transaction details:

    • the date shown on the contract of sale is the contract date and is entered in dd/mm/yyyy or selected from the calendar icon
    • the expected settlement date is entered dd/mm/yyyy or selected from the calendar icon Note, If the contract is an instalment contract then this date would be the first date when consideration (other than a deposit) is payable under the contract.
    • The contract price is shown on the contract of sale and is inclusive of the GST. Note, also include the GST inclusive market value of any non-monetary consideration as notified by the supplier.

    The following options are presented at the end of the property details section:

    • Back – to return to the last screen that had been viewed
    • Cancel – to cancel the form
    • Next – to proceed to the purchaser details section of the form.

    3. Purchaser details

    This section is used for the purchaser buying the property. If there are multiple purchasers on the title, each purchaser will need to be listed on the form.

    Provide as much detail as possible to ensure the form is processed in a timely manner.

    Note: As the form only allows the inclusion of 10 purchasers, you will need to complete and submit the form and then contact us on 13 28 66 (fast code 3, 4) to provide the additional purchaser details. You will need to contact us 24 hours after the form has been submitted to allow it to be processed on our systems.

    The purchaser detail fields are:

    • Entity type – select the entity type of the purchaser – if the entity type of the purchaser is a non-individual, the non-individual details field will appear
    • Entity name – enter the legal name of the entity – if the entity type of the purchaser is an individual, the individual detail fields will appear
    • First name – enter the first name of the purchaser
    • Last name – enter the last name of the purchaser
    • Date of birth – enter the date of birth of the purchaser in dd/mm/yyyy format or select from the calendar icon
    • Australian business number (ABN) – enter the purchaser's ABN if applicable. – while you're not required to provide the purchaser's ABN, providing their ABN assists us in identifying the purchaser in our records which means that we can process the application faster
    • Tax File Number (TFN) – enter the purchaser's TFN – while you're not required to provide the purchaser's TFN, it assists us in identifying the purchaser in our records which means that we can process the application faster
    • Phone number – enter the purchaser's phone number with area code or mobile number – don't include brackets or spaces in your entry
    • Business/residential address – enter the purchaser's business/residential address, including the suburb/town/locality, state/territory, postcode and the country
    • Percentage of ownership – enter the percentage of the property that the purchaser will legally own – this information is usually specified in the property transfer form or the equivalent in your state or territory.

    For the purpose of processing, when submitting the form for:

    • tenants in common, enter the defined share in the property

    Example 1

    If purchaser one would state 25% then purchaser two would state 75%. The total ownership percentage must equal 100%.

    End of example
    • joint tenants, enter an equal share in the property.

    Example 2

    If there are two purchasers, enter 50% for each purchaser. If there are four purchasers, enter 25% for each purchaser. The total ownership percentage must equal 100%.

    End of example

    The following options are presented at the end of the purchaser details section:

    • Back – to return to the last screen that had been viewed
    • Cancel – to cancel the form
    • Next – to proceed to the supplier details section of the form.

    4. Supplier details

    The supplier details are the details of the entity that is liable to pay the GST on the supply of the property. If there are multiple suppliers each supplier will need to be listed on the form.

    The supplier you enter into the form may be different to the vendor on the contract or the registered proprietor on the certificate of title. For example, this may be the case if the vendor is part of a GST group or is under external administration.

    Provide as much detail as possible to ensure the form is processed in a timely manner.

    The supplier detail fields are:

    • Entity type – select the entity type of the supplier.
    • If the entity type of the supplier is a non-individual, the non-individual details fields will appear – enter the legal name of the entity.

    If the entity type of the supplier is an individual, the individual detail fields will appear:

    • First name – enter the first name of the supplier
    • Last name – enter the last name of the supplier
    • Australian business number (ABN) – enter the supplier's ABN – providing their ABN assists us in identifying the supplier in our records which means that we can process the application faster
    • Phone number – enter the supplier's phone number with area code or mobile number – don't include brackets or spaces in your entry
    • Business address – enter the supplier's business address, including the suburb/town/locality, state/territory, postcode and the country
    • Withholding payment – enter the amount provided in the written notification provided by the supplier.

    Note: As the form only allows the inclusion of 10 suppliers, after submitting this form, additional GST property settlement withholding notification forms must be submitted until all suppliers have been provided.

    The following options are presented at the end of the supplier details section:

    • Back – to return to the last screen that had been viewed
    • Cancel – to cancel the form
    • Next – to proceed to the Summary and declaration section of the form.

    5. Summary and declaration

    Review the details input into the online form in the summary section before completing the declaration section of the form.

    There are two sections of the form to complete:

    • the declaration
    • declare that you are not a robot – this field is required for system operational reasons.

    Once the relevant sections have been completed, you should submit the form.

    The following options are presented at the end of the declaration section:

    • Back – to return to the last screen that had been viewed
    • Cancel – to cancel the form
    • Submit – to submit the form.

    6. Confirmation screen

    The confirmation screen confirms that the: GST property settlement withholding notification has been successfully submitted and will display the:

    • lodgment reference number (LRN)
    • payment reference number (PRN)
    • expected settlement date
    • total withholding payment.

    A confirmation email will be sent to the nominated email address you have provided in the contact details section when the form has been processed.

    If you have not provided an email address, no confirmation will be issued so you should retain a copy of the form and provide a copy to the purchaser. Do this by selecting print friendly version to save or print the application.

    You should advise the supplier that you have received confirmation that the GST property settlement withholding notification has been submitted.

    The print friendly option is presented at the end of the confirmation section.

    What happens next

    Once the GST property settlement withholding notification is received, a unique PRN and LRN will be issued by email within 24 hours. If you have not provided your email address you will be prompted to print the summary page.

    Only one unique PRN is issued per withholding notification form, even if multiple purchasers or suppliers are supplied on the form.

    If required we will contact you to resolve or clarify any information.

    The purchaser's obligations are not complete until the GST property settlement date confirmation has been submitted and the withholding payment has been made.

    Authorised by the Australian Government, Canberra

      Last modified: 29 Jun 2018QC 55781