Goods and Services Tax Advice

GSTA TPP 104W

Goods and services tax: When is the day of supply of a going concern that constitutes a property development enterprise?

• Please note that the PDF version is the authorised version of this withdrawal notice.
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Notice of Withdrawal

Goods and Services Tax Advice GSTA TPP 104 is withdrawn with effect from today.

1. GSTA TPP 104 stated that the day of supply of a going concern that constituted a property development enterprise, was the day on which all obligations under the arrangement relevant to the enterprise had been satisfied and the recipient assumed effective control and possession of all things necessary for the continued operation of the enterprise.

2. GSTA TPP 104 is withdrawn because it is a duplication of an existing ATO view and therefore no longer required.

3. The Commissioner's view regarding the day on which a going concern is supplied is found in paragraphs 161 to 165 of Goods and Services Tax Ruling GSTR 2002/5 Goods and services tax: when is a 'supply of a going concern' GST-free?

Commissioner of Taxation
9 July 2014

© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).

Not previously issued as a draft

References

ATO references:
NO 1-5K8L4K5

Related Rulings/Determinations:

TR 2006/10
GSTR 2002/5

Subject References:
GST-free
GST supply of going concern
GST property and construction
GST sale of real property
GST substantial renovations

Legislative References:
ANTS(GST)A 1999 38-325(2)(b)
TAA 1953 Sch 1 Div 358