Show download pdf controls
  • Properties that are included and excluded

    You will need to be aware of the property you are either selling or purchasing and determine if you will need to comply with the GST at settlement process.

    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're no longer new because they have previously been sold (or subject to a long-term lease) or have been continuously and solely rented for more than five years
    • potential residential land that is supplied to a GST registered business who acquired it for a creditable purpose for example, to develop the land, construct and sell new residential premises.
    • potential residential land that contains a building that is currently in use for a commercial purpose (for example, a factory or shop being operated in an area where local zoning permits mixed use)

    If you're selling a family home you may also be excluded from the withholding obligation.

    Transitional arrangements

    Transitional arrangements apply to contracts entered into before 1 July 2018.

    Find out about:

    See also:

      Last modified: 21 May 2019QC 55431