GST Retention – Big Changes Are Coming

with 5 Comments

Warning:

Big changes are being introduced by the Federal Government in the way that they collect GST on “New Residential Premises” & “New Residential Subdivisions” which will very likely affect some of our clients.

In an effort to combat a perceived non-compliance with GST law from the property development industry the Federal Government has now released the Treasury Laws Amendment (2017 Measures No. 9) Bill 2017. This requires that purchasers of ‘new residential premises’ or ‘new residential subdivisions’ will be required to remit the GST component of the purchase price directly to the Australian Taxation Office (ATO) at the time of settling the purchase contract of such properties. This law comes into effect from July 1st 2018.

This equates to one eleventh [1/11] of the purchase price and simply means that you will receive that much less cash as a part of your settlement proceeds. For example, if you sold a vacant lot for $250,000, this legislation requires that the buyer deduct 1/11th of the price, equating to $22,727, and remit it directly to the ATO.

They are legally obliged to do that under the legislation which also places legal obligations on the seller and provides substantial penalties on parties that do not comply. There is apparently a transitional period in the legislation that relates to sales contracts entered into prior to July 1st 2018 that settle after that date but prior to July 2020 but at this time things are still unclear.

This then raises two important Questions

What is ‘new residential premises’?

The term ‘new residential premises’ is defined in section 40-75 of the Goods and Services Tax (GST) Act 1999(Cth) (GST Act). A premises is considered to be ‘new residential premises’ if the premises has:

  1. not previously been sold as residential premises;
  2. been created through substantial renovations of a building; or
  3. been built to replace a demolished premises on the same land.

What is ‘new residential subdivisions’?

The definition of ‘new residential subdivisions’ in the Exposure Draft is broad. It includes any ‘potential residential land’ contained in a subdivision plan which has not previously been sold.

‘Potential residential land’ is defined in section 195-1 of the GST Act, and means land that is permissible to use for residential purposes, that does not contain any buildings that are used for residential premises. This includes land that has been zoned for use for residential premises under a law of a State or Territory but that does not contain any residential premises.

 

Note: Bearing in mind that we are not Accountants or registered tax agents we are not able to offer advice on this topic, other than to suggest that if you feel it may apply to you, then you should speak with your accountant about it. More detailed information can be found here

 

5 Responses

  1. Lisa John
    | Reply

    GST withholding will apply to a taxable supply of land by a vendor who is registered or required to be registered for the GST under the Exposure Draft Bill. Both new residential premises and land that is potentially residential land.

    • Adrian Stagg
      | Reply

      Yes, thanks Lisa, I think that the operative words here that will catch a lot of people out are “required to be registered” as many people don’t realise that the existing legislation requires them to be registered for GST.

  2. A.K. Pandey
    | Reply

    Hello Admin,
    Thanks for sharing this information, I really appreciate your concern about changing the things after GST.

  3. Kerry
    | Reply

    Why is land or residential property considered a ‘Goods’ or ‘Service’?

    • Adrian Stagg
      | Reply

      That’s something that you need to ask the ATO and those that drafted the relevant legislators. It does mean that there is a significant lump of tax built into the price of every new town house, home unit, block of land and house and land package however.

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