GOING CONCERN GST contract

Discussion in 'Commercial Property' started by NICK9740, 6th Apr, 2022.

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  1. NICK9740

    NICK9740 New Member

    Joined:
    23rd Oct, 2018
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    sydney
    hi everyone, any help clarification greatly appreciated, thanks

    Purchasing a commercial property with current leases ticked on contract and marked as a going concern, GST not payable as sold as a going concern in contract.
    Question _
    I have a ABN and was registered for GST several years ago, my GST status is know NOT active,currently know not registered for the gst.
    property is sold through action, may or may not buy it pending auction price
    Do I have to have my GST status active before I sign contract (purchasing) so it complies as a going concern ?
    OR after I sign purchase contract and pay my 10 percent, I then activate my gst status and back date it a few days to comply with the going concern requirements ?

    thanks for help
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    It costs nothing to register and worst case is that you have to do a zero BAS return.
     
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  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I believe the date of the supply is the relevant date and this is the date of settlement - but seek your own legal advice.
     
  4. SeanR

    SeanR Well-Known Member

    Joined:
    15th Aug, 2021
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    Brisbane
    I would definately see legal and accounting advice on this. If you pay GST, you may also be charged stamp/transfer duty on that portion as well which sucks, so I would ensure you have it all lined up beforehand.
     
    Beano and Terry_w like this.

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