Goods and Services Tax Advice
GSTA TPP 016
Goods and services tax: is the supply of each stratum unit in a building capable of being sold as a GST-free supply of a going concern?
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Please note that the PDF version is the authorised consolidated version of this ruling and amending notices.This document incorporates revisions made since original publication. View its history and amending notices, if applicable.
Preamble
| This document was published prior to 1 July 2010 and was a public ruling for the purposes of former section 37 of the
Taxation Administration Act 1953
and former section 105-60 of Schedule 1 to the
Taxation Administration Act 1953.
From 1 July 2010, this document is taken to be a public ruling under Division 358 of Schedule 1 to the Taxation Administration Act 1953 . A public ruling is an expression of the Commissioner's opinion about the way in which a relevant provision applies, or would apply, to entities generally or to a class of entities in relation to a particular scheme or a class of schemes. If you rely on this ruling, the Commissioner must apply the law to you in the way set out in the ruling (unless the Commissioner is satisfied that the ruling is incorrect and disadvantages you, in which case the law may be applied to you in a way that is more favourable for you - provided the Commissioner is not prevented from doing so by a time limit imposed by the law). You will be protected from having to pay any underpaid tax, penalty or interest in respect of the matters covered by this ruling if it turns out that it does not correctly state how the relevant provision applies to you. [ Note: This is a consolidated version of this document. Refer to the Legal Database (http://law.ato.gov.au) to check its currency and to view the details of all changes.] |
Answer
The supply of individually strata titled units in a building to several recipients may be separate supplies of going concerns.
Explanation
Subsection 38-325(2) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) provides that a supply of a going concern is a supply under an arrangement under which the supplier supplies to the recipient all of the things necessary for the continued operation of an enterprise and the supplier carries on the enterprise until the day of the supply.
The leasing of an individual strata-titled unit in a building may be a separate enterprise if it is capable of independent operation. Consequently, the sale of the unit may be the supply of a going concern provided:
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- the unit is sold subject to an existing lease,
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- the recipient is not the lessee of the unit, and
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- the other requirements of section 38-325 of the GST Act are met.
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Application of this GST Advice
This Advice applies [to tax periods commencing] both before and after its date of issue. However, this Advice will not apply to taxpayers to the extent that it conflicts with the terms of a settlement of a dispute agreed to before the date of issue of this Advice (see paragraphs 75 and 76 of Taxation Ruling TR 2006/10). |
Commissioner of Taxation
14 June 2005
Not previously issued as a draft
References
ATO references:
NO 05/3095
Related Rulings/Determinations:
TR 2006/10
Subject References:
supply of a going concern
enterprise
GST-free
Legislative References:
ANTS(GST)A 99 38-325
ANTS(GST)A 99 38-325(2)
ANTS(GST)A 99 Div 135
TAA 1953 Sch 1 Div 358
| Date: | Version: | Change: | |
| 14 June 2005 | Original ruling | ||
| You are here | 31 October 2012 | Consolidated ruling | Addendum |
| 18 June 2014 | Withdrawn |