This Draft GST Ruling, released on Wed 22.2.2012, sets out the Commissioner’s views on the meaning of “residential premises”, “commercial residential premises” and “accommodation in commercial residential premises” for the purposes of Subdiv 40-B (residential rent), Subdiv 40-C (residential premises) and Div 87 (long-term accommodation in commercial residential premises) of the GST Act. The 82-page Draft Ruling re-writes the previously issued GST Ruling GSTR 2000/20 in light of court decisions including: Marana Holdings Pty Ltd v FCT (2004) 57 ATR 521, Sunchen Pty Ltd v FCT (2010) 78 ATR 197, South Steyne Hotel Pty Ltd v FCT (2009) 71 ATR 228 and Meridien Marinas Horizon Shores Pty Ltd v FCT (2009) 74 ATR 787.
It replaces the previous draft on this topic, ie Draft GST Ruling GSTR 2011/D2, with immediate effect.
Date of Effect: When the final Ruling is issued, it is proposed to apply both before and after its date of issue. GST Ruling GSTR 2000/20, which deals with commercial residential premises, will be withdrawn when the final Ruling is issued.
Comments: are due by 6 April 2012. ATO contact: Steve Iselin – Tel: (07) 3213 8417; Email: Steven.Iselin@ato.gov.au.
[LTN 35, 22/2]