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31 May 2026

Our client is developing multiple standalone dwellings. Based on the nature and scale of the project, the activities may constitute an enterprise. However, the client’s current intention is to retain the properties as long-term rental properties for more than 5 years, so no GST credits have been claimed on the development costs, as the intended supply is input taxed residential rental.


If the client later changes intention after 4 years and decides to sell the properties, and the sale becomes subject to GST, can the client still claim GST credits on the earlier development costs? Or is the client prevented from doing so because of the 4-year time limit for claiming GST credits? In that case, would the issue be dealt with under the GST adjustment provisions rather than a late credit claim?

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1 replies
34 views
1 replies

Most helpful response

Most helpful reply

RachelATO(Community Moderator)Community Moderator
2 June 2026

Hi @Subashmahat4,


Yes, your client can recover GST on the earlier development costs, but this is done through the GST adjustment provisions rather than as a late credit claim.


Originally, the client intended to use the properties for input-taxed residential rental, so no GST credits were available or claimed. If they later decide to sell the properties as taxable supplies of new residential premises, this represents a change in creditable purpose.


The four-year time limit applies to standard GST credit claims, but it does not apply where no entitlement existed at the time. Instead, the change in use is dealt with under the adjustment provisions.


In this case, the client would make an increasing adjustment in their activity statement to reflect the extent to which the development costs now relate to taxable supplies. The adjustment is calculated over the relevant adjustment periods for each acquisition.


Your client isn't prevented from recovering GST by the four-year rule, the recovery arises through the adjustment mechanism rather than by claiming credits retrospectively.

All replies

Most helpful reply

RachelATO(Community Moderator)Community Moderator
2 June 2026

Hi @Subashmahat4,


Yes, your client can recover GST on the earlier development costs, but this is done through the GST adjustment provisions rather than as a late credit claim.


Originally, the client intended to use the properties for input-taxed residential rental, so no GST credits were available or claimed. If they later decide to sell the properties as taxable supplies of new residential premises, this represents a change in creditable purpose.


The four-year time limit applies to standard GST credit claims, but it does not apply where no entitlement existed at the time. Instead, the change in use is dealt with under the adjustment provisions.


In this case, the client would make an increasing adjustment in their activity statement to reflect the extent to which the development costs now relate to taxable supplies. The adjustment is calculated over the relevant adjustment periods for each acquisition.


Your client isn't prevented from recovering GST by the four-year rule, the recovery arises through the adjustment mechanism rather than by claiming credits retrospectively.

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What is the GST treatment on the sale of new residential premises intended for rental use? | ATO Community