Goods and Services Tax Ruling

GSTR 2004/3A - Addendum

Goods and services tax: arrangements of the kind described in Taxpayer Alert TA 2004/2 - Avoidance of GST on the sale of new residential premises

• Please note that the PDF version is the authorised version of this ruling.
  View the consolidated version for this notice.

Addendum

This Addendum amends Goods and Services Tax Ruling GSTR 2004/3 to reflect changes in the law as a result of the Tax Laws Amendment (2010 GST Administration Measures No. 2) Act 2010. These changes apply to tax periods starting on or after 1 July 2010.
The addendum also makes further minor amendments to GSTR 2004/3 to correct other minor non-technical errors.

GSTR 2004/3 is amended as follows:

1. Paragraph 9

At the end of subparagraph 9(c); insert the footnote:

^3A For tax periods starting on or after 1 July 2010, the approval of the Commissioner is no longer required for two or more entities to become participants in a GST joint venture. However, the nominated joint venture operator is required to notify the Commissioner, in the approved form, of the formation of the joint venture as a GST joint venture - see section 51-5.

2. Paragraph 10

At the end of the paragraph; insert the footnote:

^5A For tax periods starting on or after 1 July 2010, entities are no longer required to apply for the approval of the Commissioner to become participants in a GST joint venture. Paragraph 51-5(1)(e) provides that from that date, two or more entities need only agree to the formation of a GST joint venture in writing, and paragraph 51-5(1)(ea) requires that one of those entities, or another entity, be nominated in the agreement to be the joint venture operator of the joint venture. Paragraph 51-5(1)(eb) requires the nominated joint venture operator to notify the Commissioner, in the approved form, of the formation of the joint venture as a GST joint venture.

3. Paragraph 19

At the end of the paragraph; insert the footnote:

^8A For tax periods starting on or after 1 July 2010, the approval of the Commissioner is no longer required for two or more entities to become participants in a GST joint venture. However, the nominated joint venture operator is required to notify the Commissioner, in the approved form, of the formation of the joint venture as a GST joint venture - see section 51-5.

4. Paragraph 20

After the words 'a GST joint venture'; insert the footnote:

^8B For tax periods starting on or after 1 July 2010, the approval of the Commissioner is no longer required for two or more entities to become participants in a GST joint venture. However, the nominated joint venture operator is required to notify the Commissioner, in the approved form, of the formation of the joint venture as a GST joint venture - see section 51-5.

5. Paragraph 22

At the end of the first sentence; insert the footnote:

^9A For tax periods starting on or after 1 July 2010, the approval of the Commissioner is no longer required for two or more entities to become participants in a GST joint venture. However, the nominated joint venture operator is required to notify the Commissioner, in the approved form, of the formation of the joint venture as a GST joint venture - see section 51-5.

6. Paragraph 24

At the end of the paragraph; insert the footnote:

^9B For tax periods starting on or after 1 July 2010, the approval of the Commissioner is no longer required for two or more entities to become participants in a GST joint venture. However, the nominated joint venture operator is required to notify the Commissioner, in the approved form, of the formation of the joint venture as a GST joint venture - see section 51-5.

7. Paragraph 53

After the heading; insert the footnote:

¹³ For tax periods starting on or after 1 July 2010, the approval of the Commissioner is no longer required for two or more entities to become participants in a GST joint venture. However, the nominated joint venture operator is required to notify the Commissioner, in the approved form, of the formation of the joint venture as a GST joint venture - see section 51-5.

8. Paragraph 54

Omit 'paragraph 165(1)(b)' where occurring; substitute 'paragraph 165-5(1)(b)'.

9. Legislative references

Omit

-

ANTS (GST)A99 165(1)(b)

Insert:

-

ANTS (GST)A99 51-5(1)(ea)

-

ANTS (GST)A99 51-5(1)(eb)

-

ANTS (GST)A99 165-5(1)(b)

This Addendum applies on and from 1 July 2010.

Commissioner of Taxation
4 August 2010

References

ATO references:
NO 1-22KUH15

Related Rulings/Determinations:

GSTR 2004/3