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This edited version has been archived due to the length of time since original publication.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

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 private ruling

Authorisation Number: 1012489442626

Ruling

Subject: Payment of GST pursuant to section 105-5 of the GST Act

Issue:

How do I pay the GST amount due pursuant to section 105-5 of the GST Act?

Advice:

You must submit the payment to the Tax Office directly by sending the payment together with the return as advised below.

This ruling applies for the following periods:

N/A

The scheme commences on:

N/A

Relevant facts and circumstances

    · You are neither registered nor required to be registered for the goods and services tax (GST).

    · You sold a property as a mortgagee in possession.

    · The Australian Taxation Office (ATO) advised you that the supply you made is taxable pursuant to section 105-5 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) and that you are liable to pay GST on that supply.

Relevant legislative provisions

Section 105-20 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act)

Reasons for decision

Section 105-20 of the GST Act states as follows:

    (1) If you are not *registered or *required to be registered during a particular month, you must pay the Commissioner:

      (a) amounts of *assessed GST on * taxable supplies under section 105-5 that you make during that month; and

      (b) …..

(1A) You must pay each amount:

      (a) on or before the later of:

        (i) the 21st day after the end of the month; and

        (ii) ……

      (b) at the place and in the manner specified by the Commissioner.

(The asterisked terms are defined at section 195-1 of the GST Act)

At present there are no Tax Office return forms available for this purpose. As an interim measure, the return may be in the form of a letter with the following:

    · Clear marking to state that it is a "Return under Division 105 of the GST Act".

    · Your name and address.

    · Your tax file number (TFN).

    · A statement that you are neither registered nor required to be registered for the GST.

    · Evidence of the price at which you supplied the property.

    · Where the property was supplied under the margin scheme, the GST amount under the margin scheme, how the margin was calculated and evidence to the effect that requirements under section 75-5 of the GST Act were met.

    · A copy of the sale contract.

    · A copy of this letter.

You must submit the payment to the Tax Office directly by sending the payment together with the return (letter) to:

Commissioner of Taxation

Australian Taxation Office

Albury Payment Processing Centre

Locked Bag 1936

Albury NSW 1936

Please note that in view of this advice, your GST remittance and your return (letter) must be made on or before August 21, 20xx.


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