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This edited version has been archived due to the length of time since original publication.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: 1051398552225

Date of advice: 16 July 2018

Ruling

Subject: Supply of a going concern

Question

Is the mixed supply of a lease over real property a supply of a going concern, pursuant to A New Tax System (Goods and Services Tax) Act 1999 Subdivision 38-J?

Answer

Yes, in part.

This ruling applies for the following period:

Tax Period ending 30 April 20XX

Relevant legislative provisions

A New Tax System (Goods and Services Tax) Act 1999 Subdivision 38-J

Reasons for decision

In summary, the Commissioner would accept an apportionment method which is fair and reasonable with supporting evidence and documentation. Your apportionment method of 75/145 sq. meters or 51.72% as being a GST-free supply is fair and reasonable pursuant to Subdivision 38-J of the GST Act.