Private ruling: Supply of a going concern
Date of advice: 16 July 2018
Published: September 2018
Ruling period: Tax Period ending 30 April 20XX

Ruling: Q1: Is the mixed supply of a lease over real property a supply of a going concern, pursuant to A New Tax System (Goods and Services Tax) Act 1999 Subdivision 38-J? | A1: Yes, in part.


Relevant legislative provisions: A New Tax System (Goods and Services Tax) Act 1999 Subdivision 38-J

Reasons for decision: Summary: In summary, the Commissioner would accept an apportionment method which is fair and reasonable with supporting evidence and documentation. Your apportionment method of 75/145 sq. meters or 51.72% as being a GST-free supply is fair and reasonable pursuant to Subdivision 38-J of the GST Act.