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GST at settlement

GST at settlement

By Law Institute of Victoria

Real Property Settlements 


The Law Council of Australia (LCA) has referred to the LIV a summary of key guidance material prepared by the Australian Taxation Office (ATO) in relation to the new GST at settlement measure, which commenced on 1 July 2018. This new regime requires purchasers of newly constructed residential properties or new subdivisions to remit the GST directly to the ATO as part of settlement.

The ATO advises the following in relation to its summary of key guidance material:

Law Companion Ruling

The final Law Companion Ruling LCR 2018/4 has been published.


The following two new webpages have been developed:

Please note: the ATO advises that these pages were updated on 29 June 2018.

The following two webpages have been updated:

Please note: the ATO advises that these pages were updated on 19 June 2018.

The following webpages will be available shortly:

  • A guide for suppliers and their representatives
  • A guide for purchasers and their representatives

The ATO advises that the links to these guides will be available on the GST at settlement page.

How to pay

  • Information is available on how to pay.
  • GST property settlement payments cannot be paid at Australia Post until late September 2018 (automated payment slip with barcode).
  • A payment slip is available to be downloaded on how to pay and is to be included with the cheque when the withholding payment is made to the ATO.

Please note: the ATO advises that the how to pay options were updated on 29 June 2018.


  • A purchaser can authorise a representative to submit the forms on their behalf by providing them a signed declaration.
  • Depending on the state or territory the property is located in, the purchaser's representative can include a conveyancer and solicitor.
  • Information and a sample of the declaration is available.

GST Property credits withholding account

Online viewability of the GST property credits withholding account  is scheduled for late September 2018.

Additional information


The GST at settlement webpage will be open for consultation on Monday 9 July. If you have any feedback on this webpage look out for the link located at the bottom of the webpage to enable you to provide feedback.

Views expressed on (Website) are not necessarily endorsed by the Law Institute of Victoria Ltd (LIV).

The information, including statements, opinions, documents and materials contained on the Website (Website Content) is for general information purposes only. The Website Content does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Website Content is at your own risk.

To the maximum extent permitted by law, the LIV excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Website Content and the use or performance of the Website except to the extent that the loss or damage is directly caused by the LIV’s fraud or wilful misconduct.

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