Disclaimer This edited version has been archived due to the length of time since original publication.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: 1051243298556
NOTICE
This edited version has been found to be misleading or incorrect. It does not represent the ATO’s view of the relevant law.
This notice must not be taken to imply anything about:
● the binding nature of the private advice issued to the applicant
● the correctness of other edited versions.
Edited versions cannot be relied upon as precedent or used for determining how the ATO will apply the law in other cases.
Date of advice: 30 June 2017
Ruling
Subject: Land and Development Services
In order to protect the privacy and commercial in-confidence components of this private binding ruling the following summary is provided:
Question 1
Are the Development Services (Development Works and Associated Works) provided by Entity A to Entity B, additional (non-monetary) consideration for Entity A's acquisition of the land (the Site) from Entity B.
Answer
Yes,
Question 2
Does Entity A make a taxable supply of Development Services to Entity B in relation to the development of real property (the Site) under the agreements entered into between Entity A and Entity B for the Project?
Answer
Yes
The Commissioner has ruled on each of the specific questions.