{"id":"F2023L00345","name":"A New Tax System (Goods and Services Tax): Waiver of Tax Invoice Requirement (Creditable Acquisition Following a Sale of a Reversionary Interest in Commercial Premises) Determination 2023","slug":"a-new-tax-system-goods-and-services-tax-waiver-of-tax-invoice-requirement-creditable-acquisition-fol","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441783,"registerId":"F2023L00345-fast-fetch-1775956995401","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"A New Tax System (Goods and Services Tax): Waiver of Tax Invoice Requirement (Creditable Acquisition Following a Sale of a Reversionary Interest in Commercial Premises) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\nA New Tax System (Goods and Services Tax): Waiver of Tax Invoice Requirement (Creditable Acquisition Following a Sale of a Reversionary Interest in Commercial Premises) Determination 2023\n\nI, Ben Kelly, Deputy Commissioner of Taxation, make the following determination.\n\nDated  7 March 2023\n\nBen Kelly\n\nDeputy Commissioner of Taxation\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Waiver of the requirement to hold a tax invoice\n\n7  Document information requirements\n\nSchedule 1—Repeals\n\nA New Tax System (Goods and Services Tax) Waiver of Tax Invoice Requirement (Creditable Acquisition by a Lessee or Sub-Lessee Following a Sale of a Reversion in Commercial Premises) Legislative Instrument 2013\n\n \n\n1  Name\n\n  This instrument is the A New Tax System (Goods and Services Tax): Waiver of Tax Invoice Requirement (Creditable Acquisition Following a Sale of a Reversionary Interest in Commercial Premises) Determination 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument On the day after this instrument is registered\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 29-10(3) of the Act.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a)        ABN;\n\n(b)        creditable acquisition;\n\n(c)        input tax credit.\n\n  In this determination:\n\nAct means the A New Tax System (Goods and Services Tax) Act 1999.\n\ncommercial premises means all forms of premises, other than residential premises that are input taxed under section 40-35 of the Act.\n\ncurrent owner of the commercial premises includes:\n\n (a) the owner of a reversionary interest in a commercial premises; and\n\n (b) an assignee that becomes a sub-lessor when a leasehold estate is assigned subject to a sub-lease of commercial premises.\n\nformer owner means the previous owner or sub-lessor who originally granted the lease or sub-lease of the commercial premises.\n\nreversionary interest means both the freehold interest acquired when commercial premises are sold subject to a lease, and the interest acquired when a leasehold estate is assigned subject to a sub-lease of commercial premises.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this determination has effect according to its terms.\n\n6  Waiver of the requirement to hold a tax invoice\n\n  For the purposes of attributing an input tax credit for a creditable acquisition to a tax period, a lessee or sublessee is not required to hold a tax invoice under subsection 29-10(3) of the Act if:\n\n (a) the lessee or sublessee made a creditable acquisition of a lease or sublease of commercial premises from a former owner of the commercial premises, and the former owner’s reversionary interest in those premises was subsequently sold to the current owner of the commercial premises; and\n\n (b) at the time the lessee or sublessee gives a GST return to the Commissioner for the tax period to which the input tax credit (or any part of the input tax credit) on the acquisition would otherwise be attributable:\n\n (i) the lessee, sublessee or their agent holds a document that meets the requirements in subsection 7(1), which was issued by the current owner of the commercial premises; and\n\n (ii) the lessee, sublessee or their agent holds a document that meets the requirements in subsection 7(2), which was issued by the former owner or sub‑lessor who originally granted the lease or sub-lease of the commercial premises.\n\n7  Document information requirements\n\n (1) The requirements referred to in subparagraph 6(b)(i) are that the document contains enough information to enable the following to be clearly ascertained:\n\n (a) the identity and ABN of the current owner of the commercial premises;\n\n (b) the address of the commercial premises; and\n\n (c) the consideration payable for the lease for which there is an entitlement to an input tax credit.\n\n (2) The requirements referred to in subparagraph 6(b)(ii) are that the document meets the requirements in subsection 29-70(1) of the Act as they applied to the former owner or sub-lessor who originally granted the lease or sub-lease of the commercial premises.  \n\n\nSchedule 1—Repeals\n\nA New Tax System (Goods and Services Tax) Waiver of Tax Invoice Requirement (Creditable Acquisition by a Lessee or Sub-Lessee Following a Sale of a Reversion in Commercial Premises) Legislative Instrument 2013\n\n1  The whole of the instrument\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2013 legislative instrument and re-establishes a waiver for lessees/sub‑lessees in cases where a reversionary interest is sold, setting specific documentary requirements (see Schedule 1 and s6–7). From the text provided, the instrument replaces the earlier instrument; whether substantive scope was narrowed or broadened cannot be determined from this instrument alone because the prior instrument's text is not reproduced here."},"complexity_factors":["Statutory cross-references: Relief operates under subsection 29-10(3) of the GST Act and requires a former-owner document meeting subsection 29-70(1) of the Act (ss 3, 7(2)). Cross-references increase legal checking needed.","Dual-document requirement: The waiver depends on two different documents (from current owner and former owner) being held at lodgement time (s6(b)(i)–(ii); s7). This creates coordination and evidentiary burdens for lessees.","Timing condition: The lessee or sublessee must hold the documents when giving the GST return for the tax period to which the input tax credit would otherwise be attributed (s6(b)). Timing sensitivity adds compliance risk.","Definitions package: Key terms (commercial premises, current owner, former owner, reversionary interest) are defined in the instrument (s4) and alter who must provide documents and who benefits — requires careful fact-mapping.","Enforcement/administration: The Deputy Commissioner exercises the waiver power (s3 refers to authority), but the instrument sets the documentary criteria rather than delegating broad discretion — limited administrative ambiguity.","Repeal and replacement: The instrument expressly repeals the 2013 legislative instrument (Schedule 1), so practitioners must note the change in operative instrument and ensure reliance on the new text (Schedule 1)."],"plain_english_summary":"This Determination waives the usual tax-invoice requirement for a lessee or sub‑lessee to claim an input tax credit when they bought a lease from a former owner and that former owner’s reversionary interest was later sold to a current owner (see s6). Affected lessees must instead hold two documents: one from the current owner showing identity, ABN, address and consideration, and one from the former owner meeting s29-70(1) when they lodge their GST return (see s7)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2013 Legislative Instrument it repeals. The scope remains identical: providing a tax invoice waiver for the same specific scenario (creditable acquisitions following reversionary interest sales). The definitions and requirements are substantively the same, merely updated to modern legislative drafting standards."},"complexity_factors":["Narrow, highly specific scope targeting only 'reversionary interest' sales in commercial premises","Requires tracking two separate documents from two different entities (current owner and former owner)","Cross-references to external legislation (A New Tax System (Goods and Services Tax) Act 1999, specifically sections 29-10(3) and 29-70(1))","Defined terms section with 4 custom definitions plus references to Act definitions","Nested conditions in section 6 requiring both (a) factual scenario AND (b)(i) AND (b)(ii) document requirements","Technical property law concepts ('reversionary interest', 'assignee', 'sub-lessor') requiring specialised knowledge"],"plain_english_summary":"This rule lets commercial tenants claim GST input tax credits after a landlord changes following a property sale, even if they lack a standard tax invoice from the new owner. Tenants can rely on a simple document from the new owner plus the original invoice from the former landlord to support their claims.\n\nIt prevents tenants losing GST refunds due to a change of landlord and replaces an earlier 2013 determination on the same topic."}},"importantCases":[],"_links":{"self":"/api/acts/a-new-tax-system-goods-and-services-tax-waiver-of-tax-invoice-requirement-creditable-acquisition-fol","history":"/api/acts/a-new-tax-system-goods-and-services-tax-waiver-of-tax-invoice-requirement-creditable-acquisition-fol/history","analysis":"/api/acts/a-new-tax-system-goods-and-services-tax-waiver-of-tax-invoice-requirement-creditable-acquisition-fol/analysis","conflicts":"/api/acts/a-new-tax-system-goods-and-services-tax-waiver-of-tax-invoice-requirement-creditable-acquisition-fol/conflicts","importantCases":"/api/acts/a-new-tax-system-goods-and-services-tax-waiver-of-tax-invoice-requirement-creditable-acquisition-fol/important-cases","documents":"/api/acts/a-new-tax-system-goods-and-services-tax-waiver-of-tax-invoice-requirement-creditable-acquisition-fol/documents"}}