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ARTICLE · 02 MARCH 2018

Proposed changes to GST withholding on new residential premises

The responsibility for paying GST on certain real estate transactions will shift from the developers to the purchasers.

AustraliaReal Estate and Construction

Once the Treasury Laws Amendment (2017 Measures No. 9) Bill 2017 has been enacted, the responsibility for paying GST on certain real estate transactions will shift from developers to purchasers. This shift will require purchasers to withhold that part of the purchase price representing the GST liability of the developer and remit the withheld amount directly to the Australian Tax Office ('ATO').

Currently, the purchase price paid to developers includes an amount on account of GST. Developers are required to pay the GST they collect to the ATO as part of their Business Activity Statement at the end of each of their applicable reporting periods.

These changes, originally proposed in the 2017-2018 Federal Budget, have been introduced to address the growing trend of developers collecting GST as part of the property purchase price, and then taking steps to dissolve the company prior to remitting the GST collected, effectively avoiding paying the GST collected to the

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