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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1011640487502

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Ruling

Case Summary:

In order to protect the privacy and commercial in confidence components of this private ruling, the following summary is provided:

Question 1

Is the worksite accommodation provided to your employees and contractors 'residential premises' within the meaning as defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act)?

Advice

Yes. The worksite accommodation is 'residential premises' within the meaning as defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act).

However, we accept that accommodation within the specified site, supplied to your employees and contractors, falls within the scope of paragraph 39 of Goods and Services Tax Ruling GSTR 2000/20: commercial residential premises (GSTR 2000/20) and as such you may treat this accommodation as being subject to the basic GST rules.

Question 2

Is the worksite accommodation 'commercial residential premises' within the meaning as defined in section 195-1 of the GST Act?

Advice

No. The worksite accommodation is not 'commercial residential premises' within the meaning as defined in section 195-1 of the GST Act.

Question 3

Are you entitled to claim full input tax credits in respect of the costs of acquisition, operation and maintenance of the worksite accommodation?

Advice

Yes. You will be entitled to input tax credits for creditable acquisitions that you make in acquiring, operating and maintaining the worksite accommodation, providing the requirements of subsection 11-5 of the GST Act are met.