03/06/2026
What is the biggest mistake Property Traders make?
GST and zero rating.
Normal situation - Generally, GST registered Property Traders will buy from a non GST registered vendor and then be entitled to a GST claim on the purchase. For example, if buying for $690,000, the GST registered Property Trader would get a GST refund of $90,000.
BUT, sometimes the vendor is another Property Trader, or Developer and the vendor is also registered for GST. As both the vendor and purchaser are GST registered, the sale is zero rated. This means the purchase price should be the GST exclusive value, but often the Sale and Purchase agreement is incorrectly completed. Using the example above, the price should be $600,000 + GST.
Common mistakes we see, using the same example as above:
1) Sale and Purchase agreement between two GST registered parties at $690,000 inclusive of GST - unfortunately, this means the transaction zero rates at $690,000, meaning the purchaser has effectively purchased for $793,500, or paid an extra $103,500 more than expected. This could result in a significant loss for the Property Trader purchaser. Great for the vendor!
2) Front page of Sale and Purchase agreement not completed, and not confirmed whether Vendor is GST registered. A key requirement, when you are a GST registered Property Trader is knowing for certain the vendor's GST status. Otherwise, you might have overpaid on the purchase.
3) Schedule 1 not completed - To reduce risk, always complete Schedule 1 to make it 100% clear that you are buying as a GST registered Property Trader and using the property as part of your taxable activity. Sometimes this can also identify that while the vendor is GST registered, part of the property might not be part of the taxable activity. This could mean, even with the transaction being zero rated, the purchaser may be entitled to an additional GST claim! This is more likely when purchasing a lifestyle property or farm. For example, a lifestyle property is sold for $1m plus GST, with the agreement stipulating the house and curtilage are $700,000 and not part of the vendor's taxable activity, and the land is part of the taxable activity at the remaining $300,000. In this case, a GST registered Property Trader purchaser using the whole property for their taxable activity (property trading) could claim the GST back on the $700,000 house and curtilage, which equals a $91,304 GST refund!
The best advice is to send us a copy of the Sale and Purchase agreement and have a quick chat with Ross to make sure you are not making a costly GST mistake. Please ensure the front page is completed first and it is clear whether the vendor is GST registered or not!