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This edited version has been archived due to the length of time since original publication.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: 1051296116532

Date of advice: 6 December 2017

Ruling

Subject: GST

The Commissioner has ruled on each of the following questions.

1. Has Entity A made a taxable supply within the meaning of the term under section 9-5 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act), when Entity B acquires land owned by Entity A?

2. Will a supply be made within the meaning of section 9-10 of the GST Act by Entity A if it undertakes legal action to seek compensation from Entity B, for the acquisition of the land by Entity B, and a compensation payment results from such action either from:

(a) an out of Court settlement; or

(b) a Court determined settlement?