GST at settlement
If you are selling or buying new residential premises or potential residential land, you may need to pay GST at settlement. The way GST is paid for certain property transactions affects purchasers, suppliers and their representatives.
From 1 July 2018, at settlement most purchasers pay both:
- the withheld amount of GST direct to us
- the balance of the sale price of the property, minus the withholding amount, to the supplier.
This applies to both:
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See also
If you are selling property
If you're selling residential premises or potential residential land you must:
- notify the purchaser in writing (supplier notification)
- advise whether they need to pay a withholding amount from the contract price for the property or not
- state the withholding amount.
This can be included in the sales contract or in a separate document prior to settlement. Most states have updated their standard contracts to include this information.
If you have made a mistake on the notification, you must provide the purchaser with an amended one.
You may incur penalties if you fail to provide the required notice.
The purchaser pays the withholding amount directly to us at the time of settlement – instead of to you.
Reporting obligations
The standard elements of selling a property and reporting the GST on your sales apply.
On your business activity statement (BAS) you must report:
You receive a credit in your GST property credits account. This is the withheld amount paid by the purchaser. If there are multiple suppliers in the property transaction, it is your portion of the withheld amount.
This credit is transferred from the GST property credits account into your activity statement account when you lodge your activity statement for the relevant period.
If you're unsure of the correct GST treatment of the supply, we recommend you seek advice from us or your tax professional.
Conveyancers and real estate agents can assist purchasers to complete the forms. However, they can't provide GST advice unless they're registered tax or BAS agents.
For more information see GST at settlement – a guide for suppliers and their representatives.
Return to GST at settlement.
If you are purchasing property
If you're purchasing a property, ensure you have a written notification advising whether or not you have a withholding obligation on the property.
Withholding obligation
If you have a withholding obligation, you must:
- have a written notification from the supplier stating if the sale is subject to GST
- lodge Form one: GST property settlement withholding notification
- lodge Form two: GST property settlement date confirmation
- pay the withheld amount to us (to the nearest dollar).
You don't need to register for GST just because you have a withholding obligation.
If you're unsure or need further advice about the information in the supplier's notification, ask us or your tax professional.
You may incur penalties if you fail to lodge the forms and make the payment to us.
We won’t impose penalties when it's reasonable for you to rely on a notification from a supplier. However, if you know a supplier is registered for GST and they’re selling new residential premises not previously sold, it's unreasonable not to withhold and pay an amount to us at settlement.
Using a representative
If you authorise a representative to lodge the forms on your behalf, you're required to provide a signed declaration.
Note: Conveyancers can't provide GST advice unless they're a registered tax or BAS agent.
If you're acting as the representative for the purchaser, you must understand your obligations under the Tax Agent Services Act 2009 (TASA).
See also
Return to GST at settlement.
Properties that are included and excluded
You need to determine if GST at settlement applies when selling or purchasing property.
Included property transactions
Withholding may apply if you purchase or sell:
- new residential premises
- house and land
- off-the-plan
- display homes
- new apartments
- potential residential land
- property subdivision plan
- land that could be used to build new residential premises.
Excluded property transactions
Some property transactions are excluded from the withholding obligation. Withholding doesn't apply to:
- new residential premises created through substantial renovations
- commercial residential premises (for example, hotels, boarding houses, caravan parks)
- commercial property
- residential premises that are no longer new because they were sold previously (or subject to a long-term lease) or have been continuously and solely rented for more than five years
- potential residential land supplied to a GST registered business that acquired it for a creditable purpose – for example, to develop the land, construct and sell new residential premises)
- potential residential land containing a building in use for commercial purposes – for example, a factory or shop operated where local zoning permits mixed use.
If you're selling a family home, you may also be excluded from the withholding obligation.
Find out about a Registered entity acquiring land for a creditable purpose.
Return to GST at settlement.
GST at settlement process
Watch our video for a quick overview about how the GST at settlement process works when buying or selling new residential property.
Watch:
For contracts entered into from 1 July 2018, follow these steps:
Step 1: Supplier must notify purchaser
The supplier is the entity required to report the property transaction to us on their activity statement.
When the contract between the supplier and purchaser is signed, the supplier must notify the purchaser in writing (supplier notification) before settlement of the property. This is whether or not they have a withholding obligation.
The notification can be included in the sales contract or in a separate document provided before settlement. All law societies (except for Northern Territory) have revised standard land contracts to include the notification.
If the purchaser doesn't have a withholding obligation, your notice must be clear that no withholding is required.
If the purchaser has a withholding obligation, your notice must include:
- the name and ABN of all suppliers
- GST branch number (if applicable)
- the amount they must withhold (round down to the nearest dollar)
- when they must pay it to us
- GST-inclusive contract price (plus the GST inclusive market value of non-monetary consideration).
For more information see Supplier notification.
Step 2: Purchaser or representative lodges Form one
The purchaser is required to lodge Form one: GST property settlement withholding notification online to us once the contract has been entered into up until the due date for payment of the withholding amount.
The purchaser can authorise a representative to lodge one or both forms on their behalf by providing the representative with a signed declaration. The purchaser's representative can include either a conveyancer or solicitor.
The purchaser includes the information from the supplier’s notice, their details and the expected settlement date. Some information may not be available until closer to settlement (for example, address information for off-the-plan sales).
When the form has been successfully lodged, an online confirmation screen will appear with a payment reference number (PRN) and lodgment reference number (LRN). You can print this page.
A separate payment advice PDF can be printed and kept for your records.
You need to keep the PRN and LRN numbers for when you
- lodge Form two: GST property settlement date confirmation
- make your payment.
For more information see GST property settlement online forms and instructions.
Step 3: Form one email confirmation
If the purchaser elected to receive emails on Form one, an email is sent to confirm the form has been processed by us. This includes a summary of the key information and an attached payment advice pdf. The purchaser should keep a copy of this email.
It may take 24 to 48 hours before you receive the confirmation email.
Step 4: Purchaser or representative lodges Form two
The contract type determines when you need to lodge Form two: GST property settlement date confirmation and make the payment to us.
Standard land contract
Under a standard land contract, you must quote the LRN and PRN you received when Form one was lodged when you lodge Form two: GST property settlement date confirmation.
You must lodge Form two online either:
- within two business days before settlement
- on the day of settlement
- on the next business day after settlement.
The confirmation screen confirms the form was successfully lodged. This records the purchaser’s withholding liability on their account on the settlement date. You can print the confirmation screen and keep it with your records.
For more information see GST property settlement online forms and instructions.
Instalment contract
Under an instalment contract:
- the timing of the obligation to pay the withholding amount is different to a standard land contract.
- you pay the withholding amount on or before the date the first payment is made (other than a genuine deposit).
- you must quote the LRN and PRN received when Form one was lodged when you lodge Form two: GST property settlement date confirmation.
You must lodge Form two online either:
- within two business days before the first instalment
- on the day of the first instalment
- on the next business day after the first instalment.
The confirmation screen confirms the form has been successfully lodged. This records the purchaser’s withholding liability on their account on the date the first instalment is made. You can print the confirmation screen and keep it with your records.
For more information see GST property settlement online forms and instructions.
Step 5: Purchaser makes the payment
Once Form two: GST property settlement date confirmation is lodged, you must:
- pay the withholding amount (rounded down to the nearest dollar) when settlement occurs
- quote the PRN you received when Form one was lodged.
For more information see How to pay the withholding amount.
Step 6: Payment email confirmation
If the purchaser elected to receive emails on Form two, we will send you an email when Form two and your payment have been processed.
It may take 24 to 48 hours before you receive the confirmation email.
Step 7: Supplier credit and email confirmation
The credit for the amount withheld is allocated to the supplier’s GST property credits withholding account. If there are multiple suppliers in the property transaction, the credit is the equivalent proportion of the withheld amount.
The supplier (or agent) receives an email confirmation to the email address on the supplier's activity statement account. This includes identifiers for the property transaction and confirms we received the credit.
A supplier can view their GST property credits account online through either:
See also
Step 8: Supplier lodges business activity statement
The supplier must report on their activity statement:
- all property sales at label G1
- the GST on sales at label 1A.
The property sale must be reported in the reporting period that settlement occurred. For example, if the property settled on 5 December, report the property transaction in the December activity statement.
Note: Only report the GST on the sale at label 1A, not the withholding amount paid by the purchaser.
The withholding amount paid by the purchaser is allocated as a credit to the supplier's GST property credits account.
The credit on the supplier's GST property credits account is transferred into the supplier's activity statement account when they lodge the relevant activity statement.
It may take up to two business days before the credit is transferred from the GST property credits account into the activity statement account.
See also
Examples of withholding at settlement
Example 1: Withholding at settlement – new residential premises
BuildCo has developed an apartment block and is making taxable sales of new residential premises.
On 14 September 2018, Kath enters into a contract to purchase a new apartment from BuildCo. The contract price is $900,000 and she pays a 10% deposit of $90,000. The sales contract states the margin scheme doesn't apply and includes the supplier's notification to the purchaser that there's a withholding obligation of $81,818 (1/11th of $900,000).
Kath authorises her conveyancer to lodge Form one and Form two on her behalf by providing a signed declaration.
Kath's conveyancer uses the information from the seller's notification to complete Form one: GST property settlement withholding notification online and gets a PRN and LRN from the confirmation screen.
Settlement occurs on 25 November 2018. At settlement, Kath's conveyancer:
- lodges Form two: GST property settlement date confirmation using the PRN and LRN when Form one was lodged
- pays the balance of the apartment contract price to BuildCo of $728,182 ($900,000 less $90,000 deposit less $81,818 withholding amount)
- pays the withheld amount of $81,818 to us electronically using the PRN obtained when Form one was lodged.
BuildCo lodges their activity statement (no other taxable supplies were made) for the December quarter reporting:
- the full sale price of $900,000 at label G1
- the GST payable of $81,818 at label 1A.
When the activity statement is processed, BuildCo receives a credit of $81,818 representing the amount withheld and remitted by Kath.
End of example
Example 2: Withholding at settlement – potential residential land
On 10 September 2018, Land Co purchases a vacant block of land with the intention of subdividing it into two lots. The block is zoned to allow residential use and doesn't have any buildings.
Land Co registers the plan of subdivision and makes taxable supplies of both lots of vacant land.
On 25 September Land Co enters into a contract to sell one of the lots to Nick for $770,000. Nick pays a 10% deposit of $77,000 with the balance due at settlement. As the sale isn't using the margin scheme and Nick isn't carrying on an enterprise, Nick has a withholding obligation of $70,000 (1/11th of $770,000).
Land Co includes its withholding notification to the purchaser in the contract. Nick provides his solicitor with a signed declaration authorising them to lodge the withholding forms on his behalf. The information from the contract enables Nick's solicitor to complete Form one: GST property settlement withholding notification online and get a PRN and LRN from the confirmation screen.
Settlement occurs on 21 November 2018. At settlement, Nick's solicitor:
- lodges Form two: GST property settlement date confirmation using the PRN and LRN from Form one
- pays the balance of the contract price to Land Co of $623,000 ($770,000 less $77,000 deposit less $70,000 withholding amount)
- pays the withheld amount (quoting the PRN from Form one) of $70,000 to us using BPAY ®.
Land Co lodges their activity statement for the December quarter and reports
- the full sale price of $770,000 at label G1
- the GST payable of $70,000 at label 1A.
When processed, Land Co receives a $70,000 credit for the amount withheld and remitted by Nick.
End of exampleSee also
Return to GST at settlement.
How to amend or cancel your forms
All parties should view Form one: GST property settlement withholding notification before settlement to ensure there are no changes required to the form.
If changes are identified or if the contract doesn't settle, refer to How to amend or cancel your forms.
Return to GST at settlement.
How to submit a missing credit or transfer request
If a credit isn't showing on the GST property credit account within two weeks after settlement, you may need to submit a missing credit request.
If the credit hasn’t transferred from the GST property credit account into the activity statement account or the credit has been allocated to an incorrect supplier, you may need to submit a transfer request.
See also
Return to GST at settlement.
How to apply for a refund
If you're a supplier you can apply for a refund if your purchaser has paid us an amount they withheld in error.
If you're a purchaser you can apply for a refund if you made a payment to us in error – for example, made the same payment twice.
To request a refund, provide us with the following:
- details identifying the purchaser and contact details
- lodgment reference number (LRN) of the Form one: GST property settlement withholding notification
- payment reference number (PRN)
- details identifying the supplier, including ABN and contact details
- details identifying the authorised person lodging the form and contact details.
Provide supporting documentation as evidence the requested refund amount was withheld from the supplier and paid to us in error (for example, a sales contract showing contract price, the settlement statement and receipts).
For suppliers, the refund request must be in writing and lodged a minimum of 14 days before you must pay GST on the supply (in your activity statement).
Completed refund requests and supporting documents should be sent to:
Australian Taxation Office
Locked Bag 1127
ALBURY NSW 2640
Return to GST at settlement.
Margin scheme
The margin scheme enables GST to be calculated on a concessional basis. Rules depend on when a property was first purchased.
You can only apply the margin scheme if the sale of a property is taxable.
Generally, the GST is based on the difference between:
- the price the you paid for the property when you first purchased it, and
- the subsequent sale price of the property.
There must be a written agreement to say the sale of the property is using the margin scheme before the settlement date.
If you purchase a property where the margin scheme is applied to the sale, you can't claim a GST credit for the GST included in the price.
If you charged the full rate of GST when purchasing a property as part of your business, generally you can claim the GST back. However, you can’t apply the margin scheme on subsequent sales.
Example: How the margin scheme works
John is registered for GST and purchases a property for $500,000 in January 2018 from a seller not registered for GST.
He builds a house on the property for $365,000 and holds tax invoices for all the costs. He is entitled to claim GST credits of $33,181 (1/11th of $365,000).
John sells the house to Peter for $900,000 in September 2018. The margin is calculated at $900,000 − $500,000 = $400,000. The GST under the margin scheme is (1 ÷ 11) × $400,000 = $36,363.
Note: Under GST at settlement rules, Peter has an obligation to withhold and pay the GST.
As Peter is purchasing a property subject to the margin scheme, he withholds and pays 7% of the contract price ($63,000).
John still has to report the sale of the property on his September activity statement, including the GST of $36,363. The withheld credit is offset against this amount, and John receives a refund of $26,637.
John's purchase and GST payable
Supplier
|
Purchaser
|
Land purchased for $500,000
|
n/a
|
House built $365,000
|
n/a
|
GST credits claimed $33,181 (1/11th of $365,000)
|
n/a
|
New property sold $900,000
|
$900,000
|
Margin is calculated at $900,000 − $500,000 = $400,000
|
Margin 7%
|
Lodge activity statement
- Label G1 (Total sales) $400,000
- Label 1A (GST on sales) $36,363 ((1 ÷ 11) × $400,000)
|
n/a
|
GST refund $26,637 ($63,000 − $36,363)
|
At settlement – withholding payment $63,000
|
End of exampleSee also
Rebates and adjustments
Rebates are a type of discount, or a reduction in price that's not a normal settlement adjustment. Examples include variations to the finish of an apartment that applies before completion and discounts following a building report that are negotiated and applied before completion.
These types of adjustments are included when calculating the GST withholding amount.
When an adjustment or rebate is applied before settlement, the contract price should be reduced and the GST withholding amount calculated on the adjusted price.
Example – Rebates and adjustments
On 7 April 2020, Rachel entered into a contract to purchase a block of land from Bigtime Property Developers Pty Ltd for $275,000 with a rebate of $2,000. Rachel pays a 10% deposit of $27,500.
Bigtime Property Developers Pty Ltd (supplier) notifies Rachel that she must withhold $24,818 and pay it to the ATO at settlement. This is 1/11th of the reduced purchase price $273,000.
Rachael must complete and lodge the two GST at settlement online forms to the ATO.
At settlement, on 2 June 2020, Rachael withholds and pays $24,818 to the ATO and pay Bigtime Property Developers Pty Ltd the balance of the contract price $220,682.
This means that:
- $275,000 − $2,000 rebate = $273,000 total land price
- $273,000 ÷ 11% = $24,818 is the withholding amount paid to the ATO at settlement
- $273,000 − $27,500 deposit − $24,818 GST = $220,682 remainder of sale price is paid to the supplier at settlement.
End of exampleSee also
- LCR 2018/4 Purchaser's obligation to pay an amount for GST on taxable supplies of certain real property
Multiple supplies in one contract
There are contracts that include multiple supplies (for example, new residential premises and commercial premises) of different kinds. This is where each supply hasn't been allocated a portion of the total contract price.
In this situation, suppliers need to determine a reasonable apportionment of the contract price that applies to the withholding obligation.
If it's not practical to apportion the price, the withholding amount should be based on the total price for the supply.
See also
Return to GST at settlement.
Compliance and penalties
If you made a mistake or forgot to include information on a form or lodge one, contact us and we will help you fix that issue.
For more information see GST property settlement online forms and instructions.
Reporting non-compliance
If you're concerned someone is doing the wrong thing, you can tell us about it confidentially.
Your information gets to the right area if you mention some key words, such as:
- GST at settlement
- sale of property
- Form one
- Form two.
For more information see Report fraud, phoenix, tax evasion, shadow economy activity, or unpaid super.
Data matching
We regularly receive data from state and territory land title offices and revenue agencies with details that include sales and transfers of real property.
See also
Penalties
Penalties may apply for suppliers or purchasers:
Supplier penalties
A supplier who fails to provide a supplier notification to a purchaser may incur one of the following penalty types:
- Strict liability offence – 100 penalty units, which may be prosecuted before the court
- Administrative penalty – 100 penalty units (not applied if the strict liability offence is prosecuted).
Penalties won't apply if you:
- reasonably believed you weren't required to meet the notice requirements
- made an honest and reasonable mistake about how the notice requirements apply to a particular supply.
Purchaser penalties
There are two types of penalties for purchasers:
- If a purchaser fails to withhold or pay an amount required, the administrative penalty is equal to the amount the purchaser was required to pay. Exceptions to this include when
- there's been reasonable reliance on the supplier's notice
- the purchaser has given the supplier a bank cheque payable to the Commissioner of Taxation for the withholding amount.
- If a purchaser fails to notify us they must withhold (that is, they haven't lodged the two online forms)
- Failure to lodge administrative penalty – one penalty unit for each 28-day period (up to a maximum of five penalty units)
- higher penalty units may be applied to entities based on turnover.
For more information see Penalties.
Return to GST at settlement.
Transitional arrangements ended 30 June 2020
The GST at settlement transitional arrangements ended 30 June 2020.
From 1 July 2020 contracts entered into before 1 July 2018 for new residential premises or potential residential land may be subject to the withholding obligations under GST at settlement.
When lodging Form one for a property with a contract entered into before 1 July 2018 and settlement is after 30 June 2020, complete the form either through:
- our website – with a contract date of 1 July 2018 to allow the form to be lodged.
- Property Exchange Australia (PEXA) – enter the actual contract date.
Example: End of transition period
On 11 May 2018, Rachael enters into a contract to purchase a new home unit from developer Watson Home Co for a contract price of $650,000. Rachael pays a 10% deposit of $65,000.
As the supplier of the property, Watson Home Co must notify Rachael that she has to withhold $59,090 (1/11th of $650,000) and pay it to the ATO at settlement.
Rachael completes and lodges the two online forms to the ATO. Even though she entered into the contract earlier, she enters 1 July 2018 on Form one to allow it to be lodged via our website. (If she was using the PEXA website, she would enter the actual contract date of 11 May 2018.)
Rachael’s property is finished and the settlement date is 2 July 2020.
At settlement on 2 July 2020, Rachael withholds and pays:
- $59,090 to us – the withholding amount
- $525,910 to Watson Home Co – the balance of the contract price.
End of exampleThe GST at settlement process doesn't apply to contracts entered into before 1 July 2018. This is where any payment or consideration for the supply (other than a deposit) is provided before 1 July 2020 (that is, settlement is before 1 July 2020).
See also
- LCR 2018/4 Purchaser's obligation to pay an amount for GST on taxable supplies of certain real property
Return to GST at settlement.
Foreign resident capital gain withholding and GST at settlement
If you're selling residential premises or potential residential land in Australia it can be subject to both:
- foreign resident capital gain withholding (FRCGW)
- GST withholding obligation (GST at settlement).
There is no precedence between FRCGW and GST at settlement. Both apply and hold no priority over each other.
A clearance certificate for FRCGW is only applicable to that measure. GST at settlement is still payable. They are treated independently of each other.
For more information see Capital gains withholding: Impacts on foreign and Australian residents.
Return to GST at settlement.
History
The withholding obligation was announced in the May 2017 Federal Budget. The measure was introduced to ensure that payment of GST is not avoided by 'phoenixing' activity in the property sector involving property developers and vendors.
Phoenixing activity involves the use of insolvency to avoid the payment of debts, including taxes. ‘Phoenixing’ in the property development industry has grown significantly in recent years.
Paying GST at settlement will help prevent non-compliance by property suppliers who sell properties for a price that includes the GST and avoid remitting the GST to us. They may avoid tax by liquidating their businesses and restarting their business again under a different entity before their next activity statement lodgment.
Following Treasury consultation with key property industry and tax professional stakeholders, the new measure was introduced to Parliament into Schedule 1 of the Taxation Administration Act 1953 by Schedule 5 of Treasury Laws Amendment (2018 Measures No. 1) Bill 2018External Link. The bill received royal assent on 29 March 2018.
Return to GST at settlement.
Terms we use
On this page:
Residential premises
At its simplest, residential premises are premises containing basic living facilities that are fit for human occupation as residential accommodation.
The sale or long term lease of residential premises is input taxed, except for two specific classifications of residential premises
- new residential premises – for example, houses, apartments and villas
- commercial residential premises – for example, hotels, motels and hostels.
If residential premises are input taxed it means that you don't charge GST if you sell it, and you can't claim back GST if you buy it, even if registered for GST.
For more information see GST and residential property.
New residential premises
New residential premises are residential premises where any of the following apply to the premises:
- they have not previously been sold (or subject to a long-term lease) as residential premises
- they have been created through substantial renovations (but note new residential premises of this kind are excluded from the withholding obligation)
- they are new buildings which have been built to replace demolished buildings on the same land.
Note: Residential premises cease to be new residential premises if they have been used solely for renting for a period of at least five years since they were constructed.
For more information see Property and registering for GST.
Potential residential land
Potential residential land is land that it is permissible to be used for residential purposes but does not contain any buildings that are residential premises – for example, houses and strata units.
It also includes land where local government zoning may permit a mixture of residential and commercial use.
Supplier
The supplier may or may not be the vendor under the contract or the registered proprietor on the certificate of title. The supplier is the entity liable for the GST on the property transaction.
Purchaser
The purchaser is the entity that has purchased the property.
If the property is sold, the purchaser is the entity that is buying the property. If the supply is a long-term lease, the purchaser is the entity that is leasing the property.
Tenants in common
If you are purchasing as tenants in common, each purchaser should be treated as a separate recipient. The withholding amount for each purchaser should be based on their portion of ownership. On the death or dissolution of an owner, the interest in the property does not automatically pass to the remaining owners. The total of the interests in the property must add up to 100%.
Joint tenants
With joint tenants, each owner has an undivided 100% interest in the property and if an owner dies or corporate owner dissolves, the interest in the property passes to the remaining joint tenants.
If you are purchasing as joint tenants, you will be jointly responsible for the total withholding amount.
Purchaser's or supplier's representative
Depending on which state or territory the property is located in, the purchaser's or supplier's representative for the conveyancing process can include either a:
- licenced conveyancer
- solicitor.
Note: Some jurisdictions may allow do-it-yourself (DIY) conveyancing.
Contract price
In most cases, the contract price is the GST-inclusive price of the supply as listed in the contract.
The contract price is normally used for calculating the amount a purchaser needs to withhold from the supplier and remit to us.
The contract price may be varied by the parties before completion.
Normal settlement day adjustments can be disregarded (for example, payments made for apportionment of council rates and water rates).
Note: If the contract includes non-monetary consideration, see price of the supply for calculating the withholding amount.
Price of the supply
The price of the supply is usually the contract price but in certain circumstances the price of the supply may also include non-monetary consideration (for example, land swaps).
If that is the case, the amount to be withheld by the purchaser needs to be calculated using the total consideration for the supply, and not just the monetary amount listed as the contract price.
There are special rules for calculating the withholding amount where the contract is between associates and the contract price is less than the GST inclusive market value of the property.
Withholding amount
The amount a purchaser must withhold and pay to us (rounded down to the nearest dollar) is generally either:
- 1/11th of the contract price (for taxable supplies)
- 7% of the contract price (for margin scheme supplies)
- 10% of the GST exclusive market value of the supply for supplies between associates (for consideration less than GST-inclusive market value).
Note: If the contract includes non-monetary consideration, see price of the supply for calculating the withholding amount.
Long term leases
Long term lease means a supply by way of lease, hire, or licence (including a renewal or extension of a lease, hire or licence) for at least 50 years if:
- at the time of the lease, hire or licence, or the renewal or extension of the lease, hire or licence, it was reasonable to expect that it would continue for at least 50 years
- the terms of the lease, hire or licence, or the renewal or extension of the lease, hire or licence, as they apply to the recipient are substantially the same as those under which the supplier held the premises. This is unless the supplier is an Australian Government agency.
Property subdivision plan
A property subdivision plan means a plan for the division of real property that has been registered under an Australian law with the relevant state or territory land titles office. Examples include:
- strata plans
- community plans
- subdivision plans.
We consider that where the physical description of a parcel of land is changed and identified in a registered deposited plan, that parcel of land is ‘included in a property sub-division plan’. The purpose the deposited plan was registered is not relevant (for example, if it is a consolidation or amalgamation or a division).
Registered entity acquiring land for a creditable purpose
A GST registered entity who acquires land for a creditable purpose is not subject to a withholding obligation.
An entity will acquire property for a creditable purpose if they are registered for GST and they acquire it, to any extent, in carrying on an enterprise and the acquisition is not related to making input-taxed supplies or of a private or domestic nature.
Note, a purchaser under the margin scheme may acquire property for a creditable purpose although it isn't a creditable acquisition.
You can check whether an entity is registered for GST by searching ABN LookupExternal Link on the Australian Business Register. You can rely on a copy of the search on a relevant date.
You can rely on either written correspondence from an entity, or a statement in the relevant contract, as to whether the entity is acquiring the land for a creditable purpose.
Taxable supply
A supply will be a taxable supply if you are registered (or required to be registered) for GST and the supply is:
- made for consideration
- made in the course or furtherance of an enterprise you carry on
- not a GST-free or input taxed supply – for example, a supply made as
- part of a GST-free supply of a going concern
- a supply of GST-free farmland.
For more information see GST definitions – sales (supplies).
Return to GST at settlement.
Resources
Law companion rulings
- Law companion ruling LCR 2018/4 Purchaser's obligation to pay an amount for GST on taxable supplies of certain real property describes how we apply the law.
Legislation
Webinars
Watch:
Online forms and information
The following information is available to help you meet your obligations:
Return to GST at settlement.
If you are selling or buying new residential premises or potential residential land, you need to comply with the GST at settlement process.