Significant foreign resident CGT reforms: draft legislation released
Client AlertForeign resident CGT reforms expand taxable Australian real property, withholding and renewables discount.
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Operators of retirement villages are typically unable to recover the GST incurred on acquisitions relating to the development and operation of the retirement village. Despite these general rules, there are certain circumstances where retirement village operators may be able to recover all GST incurred on the development and operation of the retirement village.
For these purposes, it is important to note that a retirement village is:
Ordinarily, providing accommodation in a retirement village is considered an input taxed supply of residential accommodation. This GST classification restricts the ability of retirement village operators to recover GST on acquisitions related to the development of the retirement village, such as land, materials, construction, and other development fees. Additionally, the recovery of GST is also denied on acquisitions relating to the provision of retirement village accommodation and certain services.
Despite this, there are circumstances where the supply of retirement villages accommodation is GST-free, resulting in entitlement to full GST credits on acquisitions relating to the development or operation of the retirement village. This may arise where:
Understanding the GST rules and how they apply to retirement villages can be complex. If you would like assistance to determine how you should be treating your supply of retirement villages for GST purposes and unlock potential refunds, our GST specialists are happy to support you.
Foreign resident CGT reforms expand taxable Australian real property, withholding and renewables discount.
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