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This edited version has been archived due to the length of time since original publication.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.

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Edited version of your written advice

Authorisation Number: 1051383203408

Date of advice: 26 June 2018

Ruling

Subject: Going concern

Question

Is the supply of a lease over real property a supply of a going concern, pursuant to A New Tax System (Goods and Services Tax) Act 1999 - Subdivision 38-J?

Answer

No.

This ruling applies for the following period:

Tax Period ending 30 April 201X

Relevant facts and circumstances

Relevant legislative provisions

A New Tax System (Goods and Services Tax) Act 1999 Subdivision 38-J

Reasons for decision

In summary, based upon the facts as at this point in time, we are of the view that the purchaser’s acquisition will not be an acquisition of a GST-free going concern, pursuant to Subdivision 38-J of the GST Act.


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