Disclaimer This edited version has been archived due to the length of time since original publication.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: 1051421333776
Date of advice: 31 August 2018
Ruling
Subject: Going concern
Question
Will the sale of a property subject to a lease constitute a supply of a GST-free going concern pursuant to section 38-325 of A New Tax system (Goods and Services Tax) Act 1999 (GST Act)?
Answer
Yes. The sale of your enterprise was the sale of a going concern.
Relevant facts and circumstances
You sold your enterprise as a sale of a going concern.
Relevant legislative provisions
A New Tax System (Goods and Services Tax Act) 1999 – Subdivision 38-J