TAX TIP #4: PROFIT MAKING UNDERTAKING | PROPERTY DEVELOPMENT | GST

Facts

Individual I owns, and has occupied, a main residence of 1,000m2 for the last five (5) years.

Individual I wishes to sub-divide into two (2) x lots of 500m2 and sell 1 x lot for $300,000 and continue to occupy the other lot as a main residence.

Individual I is not registered for GST.

Question

Does Individual I have to charge GST on the sale of the vacant land.

Answer

No.

Tax Tip

1. It is important to note that vacant land is not residential premises, and therefore not input taxed, because vacant land cannot be used predominantly for residential accommodation.

2. However, to be a taxable supply, the supplier must be registered, or required to be registered, for GST.

3. As Individual I is not registered for GST, s/he does not have any current turnover.

4. The main issue is whether Individual I is required to be registered for GST because the future sale of the lot has a projected sale amount greater than the GST registration threshold.

5. The sub-issue is whether the future sale of the lot is included in the projected turnover test.

6. The answer is no because, in accordance with section 188-25 GST Act, in working out projected turnover, disregard any supply made, or likely to be made, by way of transfer of ownership of a capital asset.

7. In this case, the mere subdivision of the land into 2 x lots and the sale of the vacant lot means the vacant lot retains its capital nature.

8. The projected turnover (which does not include the sale price) is not greater than the GST registration threshold.

9. Therefore, Individual I is not required to be registered for GST and does not charge GST.

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