Tax Laws Amendment (2004 Measures No. 6) Act 2005 (23 of 2005)

Schedule 9   GST: Supplies to offshore owners of Australian real property

A New Tax System (Goods and Services Tax) Act 1999

1   After subsection 38-190(2)

Insert:

(2A) A supply covered by any of items 2 to 4 in the table in subsection (1) is not *GST-free if the acquisition of the supply relates (whether directly or indirectly, or wholly or partly) to the making of a supply of *real property situated in Australia that would be, wholly or partly, *input taxed under Subdivision 40-B or 40-C.

Note: Subdivision 40-B deals with the supply of premises (including a berth at a marina) by way of lease, hire or licence. Subdivision 40-C deals with the sale of residential premises and the supply of residential premises by way of long-term lease.