Goods and services tax: development lease arrangements with government agencies

Goods and Services Tax Ruling GSTR 2008/2 contains the Commissioner's view of the GST treatment of particular transactions arising in the context of development lease arrangements involving a government agency.

This Ruling is being withdrawn as a result of the Full Federal Court's decision in Federal Commissioner of Taxation v. Gloxinia Investments Ltd (2010) 183 FCR 420; 2010 ATC 20-182; (2010) 75 ATR 806; [2010] FCAFC 46. The decision means that the ATO view outlined in GSTR 2008/2 with respect to development lease arrangements with government agencies is incorrect under the current law. See Decision Impact Statement for Federal Commissioner of Taxation v. Gloxinia Investments Ltd .