This paper was presented by Scott McGill at the recent 2nd annual GST conference for Television Education Network.
The purpose of the paper is to address and encourage discussion on the issues in practice in applying the GST-free going concern provisions in Division 381 specifically in the context of property transactions where problems regularly arise.
You cannot however consider these provisions without encompassing the linked and seemingly not well known Division 135 which provides only for an increasing adjustment2 in certain circumstances.
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Footnotes
1Section 38-325 - A New Tax System (Goods & Services Tax) Act 1999 ('GST Act')
2Section 135-5(1) - GST Act
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