Document ID: chunk:federal_register_of_legislation:C2025C00126:section:3:p7
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 3 (pt 7/9)
Character Range: 419482–422099

or acquisition if a payment for the supply or acquisition is covered by subsection 9‑17(3) or (4).

72‑100  State or Territory government entities
 (1) This Division applies to a *government entity that is:
 (a) a Department of State of a State or Territory; or
 (b) an organisation, established by a State or Territory, of a kind referred to in paragraph (e) of the definition of government entity in section 41 of the A New Tax System (Australian Business Number) Act 1999;
as if the government entity were an *associate of:
 (c) that State or Territory; and
 (d) every other Department of State of that State or Territory, or organisation, established by that State or Territory, of a kind referred to in paragraph (e) of that definition; and
 (e) any other associate of that State or Territory.
 (2) However, this Division does not apply to a supply or acquisition if a payment for the supply or acquisition is covered by subsection 9‑17(3) or (4).

Division 75—Sale of freehold interests etc.

75‑1  What this Division is about
      This Division allows you to use a margin scheme to bring within the GST system your taxable supplies of freehold interests in land, of stratum units and of long‑term leases.

75‑5  Applying the margin scheme
 (1) The *margin scheme applies in working out the amount of GST on a *taxable supply of *real property that you make by:
 (a) selling a freehold interest in land; or
 (b) selling a *stratum unit; or
 (c) granting or selling a *long‑term lease;
if you and the *recipient of the supply have agreed in writing that the margin scheme is to apply.
 (1A) The agreement must be made:
 (a) on or before the making of the supply; or
 (b) within such further period as the Commissioner allows.
Note: Refusing to allow, or allowing, a further period within which to make an agreement is a reviewable GST decision (see Subdivision 110‑F in Schedule 1 to the Taxation Administration Act 1953).
 (1B) A supply that you make to your *associate is taken for the purposes of subsection (1) to be a sale to your associate whether or not the supply is for *consideration.
 (2) However, the *margin scheme does not apply if you acquired the entire freehold interest, *stratum unit or *long‑term lease through a supply that was *ineligible for the margin scheme.
Note: If you acquired part of the interest, unit or lease through a supply that was ineligible for the margin scheme, you may have an increasing adjustment: see section 75‑22.
 (3) A supply is ineligible for the margin scheme if:
 (a) it is a *taxable supply on which the GST was worked out without applying the *margin scheme;