REPLAY: Going, Going, GST Gone? Selling a Going Concern with Property

Is there a “Get out of GST jail” card when there is a business property tagging along with selling a going concern? If you have the opportunity to use the GST-free going concern provisions - should you?

In this session, we cover:

• An overview of the GST law

  • Section 38-325 Supply of a going concern

• General matters to consider

  • Misinterpretations

  • If it’s GST-free, is it actually beneficial?

  • The phrase ‘going concern’ in the GST context

  • Confusing with other provisions

• Into the details of the provision

• Case studies

  • Scenario 1: Enterprise conducted from a location or from real property

  • Scenario 2: Supply of just a property (leasing enterprise)

  • Scenario 3: Supply of a property during development

• Why would you elect to use the going concern provision?

  • Purchaser POV

  • Vendor POV

Date recorded: 25 March 2025