GST - Legal Practitioners' Liability Committee

GST is not simple but there are some easy steps you can take to help protect you and your clients. Claims usually occur during the sale of commercial or new residential land or the sale of businesses.

Articles
Alerts
Resources
Checklists
Videos
FAQs

Why you should not sell ‘plus GST’ in margin scheme supplies

In this article GST specialist and hotline consultant lawyer for LPLC, Derry Davine, explains how margin scheme GST is calculated, and why the calculation is different to the calculation of the amount to be withheld by the purchaser and remitted to the ATO.

GST withholding key date looming – what you need to know

Certain contracts entered into before 1 July 2018 that settle after 1 July 2020 will be subject to GST withholding requirements.

Handy hints for GST

Conveyancing, GST 24 Jan 20

Here are some handy hints to help you navigate your next GST question. The starting point for all GST questions should be: is the vendor registered for GST or required to be registered?

New residential property and no GST registration?

GST, Tax 21 Nov 19

This is a frequently asked GST question with a few twists.

Take steps to avoid GST claims

GST, GST 30 Oct 19

GST matters are often complex but there are some simple steps you can take to stay claim-free in this area. In this LIJ article we shine a light on margin scheme and going concern GST issues, the traps and what to do to avoid them.

Attention to all the details

Attention to all the details in preparing a contract is crucial to ensure correct and intended execution of the contract as well as good risk management. Care must be taken when using standard form contracts and completing the variables.

Risk and GST

GST, GST, Professional Responsibility 01 Jul 17

LPLC regularly receives notifications where failing to correctly deal with GST issues gives rise to a claim. The mistakes come about for a variety of reasons, often because the right information is not obtained from the parties about GST registration status or because of a lack of understanding of how the GST rules apply.

Misplaced trust

Conveyancing, GST 01 Feb 17

There are some important steps to take when handling trust money. The LPLC sees numerous claims against practitioners who are alleged to have distributed trust money to a party not entitled to receive it. For risk management purposes, two critical points in time are when a client instructs a practitioner to receive money on trust and when a client instructs a practitioner to transfer trust money.

Nomination woes – GST, foreign investment and stamp duty

GST, Tax 04 Oct 15

Look before you leap is an old age adage that is well suited to the situation where a client informs their practitioner that they want to nominate. LPLC has seen a number of claims where a practitioner has failed to fully advise a client about the consequences of nominating.

Snapshot of Major Victorian Property Tax Changes effective from 1 January 2024

Conveyancing, Tax, GST, Leases, Building and Construction, Building and Construction 13 Dec 23

The State Taxation Acts and Other Acts Amendment Act 2023 received Royal Assent on 12 December 2023. The new law introduces significant property tax changes in Victoria with effect from 1 January 2024.

GST withholding practical examples

Conveyancing, GST 25 Sep 18

This alert contains practical examples in question and answer format of how the purchaser GST withholding provisions work. For general information about the withholding requirements see the alert Some purchasers required to withhold GST from 1 July 2018.

Some purchasers required to withhold GST from 1 July 2018

Conveyancing, GST, Mortgages 07 Aug 18

From 1 July 2018 purchasers of certain new residential premises and potential residential land will be required to withhold the goods and services tax (GST) and pay it to the Australian Tax Office (ATO).

The new requirements are set out in subdivision 14-E of Schedule 1 to the Taxation Administration Act 1953 (Cwlth) (the schedule) as amended by Treasury Laws Amendment (2018 Measures No.1) Act 2018 (Cwlth)(amending Act) Schedule 5. The ATO has published LCR 2018/D1, a companion ruling which contains a number of practical examples.

GST withholding special condition

For clarity and certainty vendors and purchasers may wish to include a special condition in the contract regulating GST withholding issues as between themselves. Consultant lawyer to LPLC Derry Davine, has drafted the following.

GST Advice Service

GST, GST 15 Oct 23

Have a client-related question about GST? LPLC's dedicated GST advice service can help you find the answer.

Tax limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Powers of Attorney, Beneficiaries, Mortgages, Commercial 05 Jun 23

Time limits most commonly missed in relation to tax.

Contribution limitations

Conveyancing, Tax, GST, Leases, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to contributions.

Contracts limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Properties Securities, Commercial 05 Jun 23

Time limits most commonly missed in relation to contracts.

Appeals limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Property settlements, Estate Administration, Mortgages, Personal Properties Securities, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to appeals, a claim example and lessons learned.

Land acquisition limitations

Conveyancing, Tax, GST, Leases 05 Jun 23

Time limits most commonly missed in relation to land acquisition.

International contracts for the sale of goods limitations

Conveyancing, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Personal Properties Securities 05 Jun 23

Time limits most commonly missed in relation to international contracts for the sale of goods.

Instruments limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Properties Securities, Commercial 05 Jun 23

Time limits most commonly missed in relation to instruments, a claim example and lesson learned.

Liquidator limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Personal Properties Securities 05 Jun 23

Time limits most commonly missed in relation to liquidation, a claim example and lessons learned.

Caveats limitations

Conveyancing, Tax, GST, Leases, Sale and Purchase of Business 05 Jun 23

Time limits most commonly missed in relation to caveats, a claim example and lessons learned.

GST checklist

GST, GST 12 Jan 23

Common GST questions in relation to registration, land transactions, purchaser withholding and more.

Client Resources

Vendor/supplier GST withholding notice

There is no prescribed form for section 14 - 255 of Schedule 1 Taxation Administration Act 1953 (Cwlth) supplier GST withholding notice. LPLC has developed a suggested form of notice practitioners can use or adapt. Page two of the notice contains some notes for its use.

Vacant Land

GST, GST 15 Aug 17

Below are frequently asked GST questions in regards to vacant land issues. Click on the question below to view answer.

Margin Scheme

GST, GST 07 Sep 16

Below are frequently asked questions in regards to margin scheme issues. Click on the question below to view answer.

General GST Questions

GST, GST 07 Sep 16

This section covers the most frequently asked questions in regards to general GST issues.

Farm Land

Below are frequently asked questions relating to GST in regards to farm land. Click on the question below to view answer.

Residential Property

GST, GST 24 Aug 16

Below are frequently asked questions in regards to new residential property issues. Click on the question below to view answer.

New Residential Property

GST, GST 24 Aug 16

This section covers frequently asked GST questions in regards to new residential property issues.

Going Concern

GST, GST 09 Jul 16

Below are frequently asked questions in regards to Going Concern issues. Click on the question below to view answer.

Tax limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Powers of Attorney, Beneficiaries, Mortgages, Commercial 05 Jun 23

Time limits most commonly missed in relation to tax.

Contribution limitations

Conveyancing, Tax, GST, Leases, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to contributions.

Contracts limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Properties Securities, Commercial 05 Jun 23

Time limits most commonly missed in relation to contracts.

Appeals limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Property settlements, Estate Administration, Mortgages, Personal Properties Securities, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to appeals, a claim example and lessons learned.

Land acquisition limitations

Conveyancing, Tax, GST, Leases 05 Jun 23

Time limits most commonly missed in relation to land acquisition.

International contracts for the sale of goods limitations

Conveyancing, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Personal Properties Securities 05 Jun 23

Time limits most commonly missed in relation to international contracts for the sale of goods.

Instruments limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Properties Securities, Commercial 05 Jun 23

Time limits most commonly missed in relation to instruments, a claim example and lesson learned.

Liquidator limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Personal Properties Securities 05 Jun 23

Time limits most commonly missed in relation to liquidation, a claim example and lessons learned.

Caveats limitations

Conveyancing, Tax, GST, Leases, Sale and Purchase of Business 05 Jun 23

Time limits most commonly missed in relation to caveats, a claim example and lessons learned.

GST checklist

GST, GST 12 Jan 23

Common GST questions in relation to registration, land transactions, purchaser withholding and more.

Conveyancing tax issues

Conveyancing, GST 01 Jul 19

Seminar from 2019's Risk Management Intensive. Presented by Phil Nolan, Risk Manager, LPLC.

GST Witholding

Seminar from 2018's Risk Management Intensive. Presented by Derry Davine.

Taxing Issues

Conveyancing, GST, Tax 07 Oct 17

In this seminar LPLC Risk Manager, Phil Nolan, provides practitioners with information to avoid claims associated with duty, land tax, CGT and GST.

GST Advice Service

GST, GST 15 Oct 23

Have a client-related question about GST? LPLC's dedicated GST advice service can help you find the answer.

Vacant Land

GST, GST 15 Aug 17

Below are frequently asked GST questions in regards to vacant land issues. Click on the question below to view answer.

Margin Scheme

GST, GST 07 Sep 16

Below are frequently asked questions in regards to margin scheme issues. Click on the question below to view answer.

General GST Questions

GST, GST 07 Sep 16

This section covers the most frequently asked questions in regards to general GST issues.

Farm Land

Below are frequently asked questions relating to GST in regards to farm land. Click on the question below to view answer.

Residential Property

GST, GST 24 Aug 16

Below are frequently asked questions in regards to new residential property issues. Click on the question below to view answer.

New Residential Property

GST, GST 24 Aug 16

This section covers frequently asked GST questions in regards to new residential property issues.

Going Concern

GST, GST 09 Jul 16

Below are frequently asked questions in regards to Going Concern issues. Click on the question below to view answer.

General GST Questions

11 frequently asked questions and answers.

GST advice service

Monday to Friday For LPLC insured practitioners

Have a client-related question about GST? LPLC's dedicated GST advice service can help you find the answer.

GST checklist

24 April 2018 Printable checklist

Common GST questions in relation to registration, land transactions, purchaser withholding and more.

Get risk advice on property work

+61 3 9672 3800 lplc@lplc.com.au