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Margin scheme for taxable supplies of real property
The margin scheme applies to taxable supplies of real property which involve selling a freehold interest in land, selling a stratum unit or granting or selling a long-term lease (s. 75-5(1)).
Conditions for eligibility
1. The supply must be a taxable supply of real property (s. 75-5(1)). Input-taxed or GST-free supplies of real property, such as those below, are not eligible:
> the supply of land as part of a going concern (s. 38-325)
> the second or any subsequent supplies of residential property (s. 40-65)
> leases of residential property (ss 40-35 and 40-70)
> the supply of land to be used for farming (s. 38-480).
2. The seller and the buyer agree in writing, on or before the supply is made, to apply the margin scheme (ss 75-5(1) and (1A)).
3. The seller did not acquire the real property under a supply that was ‘ineligible for the margin scheme’ (s. 75-5(2)). Supplies ‘ineligible for the margin scheme’ are listed in s. 75-5(3) to include:
> where the seller bought the property under a taxable supply and did not use the margin scheme (s. 75-5(3)(a))
where the seller bought the property under a supply of a going concern or farmland from an entity that was registered or required to be registered and that entity acquired the property under a taxable supply and did not use the margin scheme (s. 75-5(3)(e), (f)).
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