Transaction Structures

GST Treatment in Development Site Sales

Whether a development site sale is GST-applicable, GST-free, or qualifies for the going-concern exemption affects price and tax materially. Here's the framework.

10 February 2026 2 min readBy Daniel McCormack
GST Treatment in Development Site Sales
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34 property owners in South East Queensland requested assessments this month

iSummary

GST on Brisbane development site sales — going-concern exemption, margin scheme, vendor implications, professional advice.

Source: ACRES — Australian Commercial & Residential Group | acres.au

GST Basics for Property Sales

Most commercial property sales (including development sites) in Australia are GST-applicable if the vendor is registered for GST and the property is "new" or commercial.

Standard GST application: 10% on the sale price.

For a $5m development site, that's $500k GST — paid by the vendor and (usually) added to the buyer's price.

Going-Concern Exemption

If the property is sold as a "going concern" — typically with existing leases / operating tenants — GST may not apply.

Conditions:
- Both parties registered for GST
- Both agree in writing the sale is a going concern
- All things necessary for the operation are transferred (leases, tenants, etc.)

Common for: industrial sites with operating tenants, healthcare facilities, commercial buildings.

Less common for: raw development sites with no income.

Margin Scheme

The margin scheme calculates GST on the margin (sale price minus purchase price) rather than the full sale price.

Example:
- Vendor bought site for $3m (pre-GST)
- Vendor sells for $5m
- Under margin scheme, GST is 10% of $2m margin = $200k
- Without margin scheme, GST is 10% of $5m = $500k

Significant savings for long-held land. Requires specific drafting in the contract.

Vendor Implications

  1. Determine GST status before listing — affects price quotation
  2. Pricing convention — quote price "plus GST" or "GST-inclusive"
  3. Margin scheme eligibility — verify with accountant
  4. Going-concern eligibility — usually requires tenant in place
  5. GST registration — vendor must be registered for sales to attract GST

Vendor Strategy

  • Engage specialist property tax accountant before listing
  • Consider margin-scheme eligibility for long-held land
  • Negotiate "plus GST" pricing convention with buyer
  • Verify buyer's GST registration to enable input tax credits

This article is general information only and is not legal, tax, or financial advice. Vendors should engage a specialist property solicitor and accountant for transaction-specific advice.

About ACRES

The Australian Commercial & Residential Group (ACRES) is a Brisbane-based specialist property advisory firm focused on development site sales, off-market transactions, and strategic landowner advisory across South East Queensland. Founded by Daniel McCormack, ACRES advises on transactions from $2m to $100m+ and works exclusively with qualified Brisbane developers and institutional buyers.

Frequently Asked Questions

Do I need to be GST-registered to sell?

Not strictly — but if the sale is in the course of an enterprise, GST registration may be required. Engage accountant.

Can I sell GST-free if the buyer will demolish?

Generally no — demolition intent doesn't qualify for going-concern exemption.

Does the margin scheme apply to inherited land?

Yes in some cases — depends on date and circumstances of inheritance. Specialist advice essential.

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Published by ACRES — Australian Commercial & Residential Group

Source: acres.au/insights/gst-treatment-development-site-sales | ACRES (Australian Commercial & Residential Group) provides property advisory, development site sales, and residential real estate services across Brisbane and South East Queensland, Australia.

Daniel McCormack

Daniel McCormack

Managing Director, ACRES — Australian Commercial & Residential Group

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