According to this GST Determination, released on Wed 19.12.2012, new residential premises have not been used for residential accommodation before 2 December 1998 for the purposes of para 40-65(2)(b) of the GST Act, where the premises were only operated as commercial residential premises before that date.
The ATO says new residential premises as referred to in para 40-65(2)(b) will only have been “used for residential accommodation (regardless of the term of occupation) before 2 December 1998” where the premises, at the time of use before 2 December 1998, were residential premises but not commercial residential premises. That is, the prior use for residential accommodation does not encompass prior use for making supplies of accommodation in commercial residential premises.
The Determination was not previously released as a Draft.
DATE OF EFFECT: The Determination applies both before and after its date of issue.
[LTN 246, 19/12]