Tax Laws Amendment (2011 Measures No. 9) Act 2012 (12 of 2012)
Schedule 4 New residential premises
Part 1 Amendments
A New Tax System (Goods and Services Tax) Act 1999
8 After subsection 40-75(2A)
Insert:
(2B) A supply (the wholesale supply ) of the *residential premises is disregarded as a sale or supply for the purposes of applying paragraph (1)(a) if:
(a) the premises from which the residential premises were created had earlier been supplied to the *recipient of the wholesale supply or one or more of its *associates; and
(b) an arrangement (including an agreement) was made by:
(i) the supplier of the earlier supply, or one or more associates of the supplier; and
(ii) the recipient of the earlier supply, or one or more associates of the recipient; and
(c) under the arrangement, the wholesale supply was conditional on:
(i) specified building or renovation work being undertaken by the recipient of the earlier supply, or by one or more associates of the recipient; or
(ii) circumstances existing as specified in regulations made for the purposes of this subparagraph.
Note 1: The premises referred to in paragraph (a) could be vacant land.
Note 2: For subparagraph (c)(ii), circumstances may be specified by class (see subsection 13(3) of the Legislative Instruments Act 2003).
Note 3: This subsection does not apply to a supply if certain commercial commitments were in place before 27 January 2011 (see item 12 of Schedule 4 to the Tax Laws Amendment (2011 Measures No. 9) Act 2012).
(2C) A supply of the *residential premises is disregarded as a sale or supply for the purposes of applying paragraph (1)(a) if it is made because a *property subdivision plan relating to the premises was lodged for registration (however described) by the *recipient of the supply or the recipients *associate.
Note: This subsection does not apply to a supply if the plan was lodged for registration before 27 January 2011 (see item 13 of Schedule 4 to the Tax Laws Amendment (2011 Measures No. 9) Act 2012).