E-alert: Crackdown on developer compliance with GST requirements

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Broadley Rees Hogan Lawyers

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Broadley Rees Hogan is a commercial law firm in Brisbane, established in 1996. They provide personalized legal services to diverse local, national, and international clients. Their experienced and skilled professionals offer innovative legal solutions tailored to individual needs, fostering long-term relationships. They have been recognized in the Doyle's Guide for best firms and lawyers from 2015 to 2020, showcasing their ability to deliver high-quality service.
This measure will impact developers of residential properties where the sale of the stock gives rise to a taxable supply.
Australia Real Estate and Construction
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The Federal Government has introduced a significant measure that will impact developers of residential properties in circumstances where the sale of their stock gives rise to a taxable supply.

Under the current law, it is the seller's responsibility to remit the GST component of the purchase price to the Australian Tax Office (ATO).

However, new legislation is currently being developed which will require purchasers of newly constructed residential properties or new subdivisions to remit the GST directly to the ATO as part of the process of settlement.

It has been reported that the change will alleviate 'phoenix activity', whereby developers transfer out all of their assets and liquidate the company, before GST is paid to the ATO.

The Federal Government anticipates that it will consequently collect $650 million in GST revenue over the period of 4 years.

The changes will come into effect from 1 July 2018. However, it is unknown at this stage whether Contracts of Sale that are entered into prior to that date, but which settle after that date, will be affected.

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E-alert: Crackdown on developer compliance with GST requirements

Australia Real Estate and Construction

Contributor

Broadley Rees Hogan is a commercial law firm in Brisbane, established in 1996. They provide personalized legal services to diverse local, national, and international clients. Their experienced and skilled professionals offer innovative legal solutions tailored to individual needs, fostering long-term relationships. They have been recognized in the Doyle's Guide for best firms and lawyers from 2015 to 2020, showcasing their ability to deliver high-quality service.
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