Property · Knowledge Hub

What is GST withholding on the purchase of new residential property?.

Reviewed 12 Oct 2026
Short answer. For new residential premises or potential residential land, a buyer may have to withhold the GST component at settlement and pay it directly to the Australian Taxation Office under Subdivision 14-E of Schedule 1 to the Taxation Administration Act 1953. The contract records whether this applies, and the default position in the contract is that no additional GST is payable, so the election must be made correctly.

GST withholding shifts responsibility for paying GST on certain residential supplies from the vendor to the buyer at settlement. It applies to new residential premises and to potential residential land, and the buyer remits the withheld amount directly to the Australian Taxation Office under Subdivision 14-E of Schedule 1 to the Taxation Administration Act 1953 rather than paying it to the vendor.

The contract implements the elections made in the particulars of sale and deals with GST withholding in its GST conditions. The default position is that no additional GST is payable, so the correct election must be made when the contract is entered into, or a party can be left out of pocket. Whether the sale attracts GST at all depends on the general GST rules, which turn on whether the sale is a taxable supply and whether the premises are new.

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The GST election in the particulars drives the outcome, and the default is no additional GST. GST questions are technical, and a ruling from the Australian Taxation Office or advice from an accountant is the right source where the position is unclear.

Law referenced: A New Tax System (Goods and Services Tax) Act 1999; Taxation Administration Act 1953 sch 1 subdiv 14-E.

Disclaimer: This information is general only and is not legal, accounting, financial or tax advice. Laws and regulations change and this content may become outdated. Do not rely on it without obtaining professional advice tailored to your circumstances.

New build or vacant land purchase?.

Have the GST withholding position checked by a CMK Legal property lawyer.