Sale of main residence constructed by owner occupier & GST?

Question

I have bought land that was subvided last July ( and the seller paid GST on settling the sale of land post subdivision) and contructed a house on it ( the builder obviouslycharging GST).

I am not registered for GST as of right now, I have lived in the new house as my main residence for 3 months now and I am considering selling.

Would I

1. Be subject to GST on the sale, being new residential premises or is there an exemption of some kind for main residences built post GST.

2. If I have to pay GST, is there any way I can register by June 30 and claim back any GST paid on the purchase of land and construction costs.

Thanks

Answer 1

There is another question similar to yours (asked by AT, answered by you) - similar but not quite the same.

I believe, although the act of selling this new residential premises is considered a taxable supply for the GST Act (and therefore if you are registered or HAVE to be registered for GST) the fact that this is your main residence all the way through, means, it would be hard to argue that you are or have been carrying on a business. Thus, I do not believe you are even entitled to be registered for ABN and GST - and thus, you cannot charge GST even if you want to.

Contrast this with that other question (asked by AT), in his case, he has a main residence - and he was building another one on the side......

Hope the above helps.