Disclaimer This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law. You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4. |
Edited version of your written advice
Authorisation Number: 1012709828046
Ruling
Subject: GST and rights
Questions
You asked whether the granting of certain rights and undertaking of certain obligations by the State and you under the project would give rise to taxable supplies by you or the State.
Answers
The Commissioner of Taxation ruled that the granting of certain rights and undertaking of certain obligations by the State and you under the project would not give rise to taxable supplies by you or the State.
Note that the above decision is based on the premise that the granting of certain rights and undertaking of certain obligations by the State and you under the project do not provide any enduring commercial benefits to either the State or you beyond the purpose for which they are granted to carry out the necessary work associated with the relevant project.
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