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On 16 December 2009, the ATO withdrew draft Addendum GSTR 2002/5D (GST: when is a "supply of a going concern" GST-free?) with effect from the same day.

The draft Addendum was published on 12 August 2009 to amend GST Ruling GSTR 2002/5 to revise the ATO view on when an enterprise of leasing commercial property is operating and able to be supplied as a GST free "supply of a going concern".

The ATO says that, following the issue of the draft Addendum and the receipt of comments from the business community and the taxation professional bodies, it has reviewed the position adopted in the draft Addendum, and as a result the draft Addendum is withdrawn. The view contained in para 151 of GSTR 2002/5 is therefore unchanged, and in accordance with that paragraph the ATO considers that the activity of leasing commences when at least one tenant enters into an agreement to lease or occupies the building.

For a copy of GSTR 2002/5DAW, go here


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