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On 22 February 2012, the ATO released for public comment by 6 April 2012 draft GST Ruling GSTR 2012/D1 entitled "Goods and services tax: residential premises and commercial residential premises".

The draft Ruling considers how Subdivision 40-B, Subdivision 40-C, and Division 87 of the A New Tax System (Goods and Services Tax) Act 1999 apply to supplies of residential premises, commercial residential premises, and accommodation in commercial residential premises.

The draft Ruling does not consider the issue of when a sale of real property is a sale of new residential premises. This issue is considered in Goods and Services Tax Ruling GSTR 2003/3 entitled "Goods and services tax: when is a sale of real property a sale of new residential premises?"

As a result of the release of the draft Ruling, the ATO withdrew draft GST Ruling GSTR 2011/D2 with effect from 22 February 2012, by the issue of GSTR 2011/D2W.

Note that Goods and Services Tax Ruling GSTR 2000/20 entitled "Goods and services tax: commercial residential premises" remains current. It is intended that GSTR 2000/20 will be withdrawn when GSTR 2012/D1 is finalised.


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