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This edited version has been archived due to the length of time since original publication.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: 1012861520103

Date of advice: 25 August 2015

Ruling

Subject: Supply of a going concern

In order to ensure that commercial confidentiality is maintained a summary of this private binding ruling is provided below.

Question 1

For the purposes of section 38-325 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) is the assignment of an interest by A to B in accordance with a Deed the supply of a going concern which is GST-free?

Answer 1

Yes, for the purposes of section 38-325 of the GST Act the assignment of an interest by A to B in accordance with the Deed is the supply of a going concern which is GST-free.

Question 2

For the purposes of section 38-325 of the GST Act is the assignment of an interest by A to C in accordance with the Deed the supply of a going concern which is GST-free?

Answer 2

Yes, for the purposes of section 38-325 of the GST Act the assignment of an interest by A to C in accordance with the Deed is the supply of a going concern which is GST-free.

Question 3

For the purposes of section 38-325 of the GST Act is the assignment of an interest by A to D in accordance with the Deed the supply of a going concern which is GST-free?

Answer 3

Yes, for the purposes of section 38-325 of the GST Act the assignment of an interest by A to D in accordance with the Deed is the supply of a going concern which is GST-free.