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Selling new homes, units or land? Check this before settlement

Don't lose over $100,000. Our GST margin scheme calculator shows what your property sale really owes, and every legal way to owe less, to show you your choices before a bad decision costs you.

You built it. You priced it. The contracts are going out. GST on a new home sale is one eleventh of the whole price. The margin scheme cuts that to one eleventh of the margin: the price less what you paid for the land. It only works if you qualify, and if one sentence is in the contract before settlement. Miss it, and the GST bill can grow by one eleventh of what you paid for the land.

A registered tax agent charges $100 an hour to $500 an hour, and a GST opinion on a development takes a lot more than an hour. This calculator does the maths in about three minutes: whether you qualify, every legal way to tax the sale, what the buyer holds back at settlement, and what has to be signed.

  • Free estimate. No card, no sign up
  • Full report $19. GST advice costs $100 an hour to $500 an hour
  • Current to the 1 July 2026 GST law
30 second estimate

Two numbers. See what the margin scheme could save you.

$
$
-
GST on the whole price $- one eleventh
The margin scheme could save you $- -

A rough guide only. The full calculator checks whether you qualify at all, what the buyer withholds at settlement, and what renting out unsold stock would cost you.

Sound familiar?

Confused by property GST?
That is not your fault.

The GST rules for a property development are spread across a whole part of the GST Act, four public rulings, a practice statement, and a withholding system in a different Act. None of it was written for the person who actually builds the houses.

"We sent the contracts out last week."

Nobody mentioned the margin scheme box, so nobody ticked it. For GST, the sale happens at settlement, not when contracts are swapped. So there is still time, but only until each lot settles. After that, the chance is gone for good on that lot.

"What even is the margin?"

It is the sale price less what you paid for the property. The build does not come off. Nor do stamp duty, legal fees or interest. Getting this one wrong is the most expensive mistake in the whole subject.

"The conveyancer told me to ask my accountant."

Then the accountant waits on the contract, and the contract waits on the accountant. Conveyancers cannot give GST advice unless they are registered tax agents, so the question just sits there while settlement gets closer.

"Two didn't sell, so we rented them out."

Rent on a home is input taxed, which means no GST credits for it. The day a tenant moves into a home you built to sell, part of the GST credits you claimed on the build start going back to the ATO. How much depends on whether it is still genuinely for sale.

So we built the missing piece.

Type in the price, what you paid and how you bought it. We apply the published GST law, work out every legal way this sale can be taxed, and put them in order. No appointment, no engagement letter, and no waiting on somebody else's diary.

The ATO won't warn you They publish the rules. What they do not do is read your contract before you sign it and point out what is missing.
The buyer won't warn you A margin scheme purchase gives the buyer no GST credit on the price. A home buyer will not care either way. A GST registered business buyer has a reason to say nothing and let the clause stay blank.
A tax agent will, at $100 an hour to $500 an hour GST advice and compliance is billed at $100 an hour to $500 an hour in Australia, and a written GST opinion on a development is not a one hour job. For some developments that is exactly the right call. Most need the maths done first.

In about three minutes you will know if the margin scheme looks open to you, and what it is worth on your own figures. It costs nothing.

What one tick box costs

Same six townhouses. Same price.
One developer paid $120,000 more GST.

Both bought the same site for $1,320,000. Both spent $2,400,000 building. Both sold for $4,440,000. One of them paid $120,000 more in GST than the other, and the only difference was one clause in the contract.

Guessed

Signed the standard contract

  • The margin scheme box was left blank on all six contracts
  • Nobody checked how the site had been acquired
  • The first lot settled, and with it the deadline passed
  • GST worked out on the whole $4,440,000
GST handed to the ATO $403,636
Worked it out

Checked the GST before signing

  • Confirmed the seller was not registered for GST, so the scheme was open
  • Put the written agreement in every one of the six contracts
  • Told each buyer to withhold 7% rather than one eleventh
  • GST worked out on the $3,120,000 margin
GST handed to the ATO $283,636
Same site. Same build. Same sale price. One of them paid this extra. $120,000 That is $20,000 a townhouse, on six of them. It is one eleventh of the $1,320,000 they paid for the site. Neither developer broke a rule. The first one was simply never shown that there was a choice, and the choice closed at settlement. The report that shows which side of this line you are on costs $19.

Both developments are invented and neither developer exists. What is real is everything else: the one eleventh, the margin scheme in Division 75, the written agreement requirement in section 75-5(1A) and the 7% withholding at settlement. Every figure above is what this calculator produces from those inputs, and the worked examples run the same two through the real engine.

Guess, pay an agent, or check it here

Three ways to work out your GST.
Two of them cost you more.

Guess
Use the standard contract
A tax agent
A written GST opinion
GST Margin Scheme
This calculator
What it costs Nothing now,
one eleventh of the land later
$100 an hour to $500 an hour $19
How long it takes An afternoon of worrying Days to weeks, against a settlement date Under 3 minutes
Every legal GST option priced
What the buyer holds back at settlement, checked
Reads your actual contracts and title
Run it again for the next stage A new fee

The fifth row is the honest one. A tax agent can read the contract you bought under and the title search behind it. No calculator can do that. What this does is put the arithmetic and the right questions in front of you first, so the hour you pay them for goes on the part only they can do.

GST deadlines

Miss these 3 GST dates and you pay more

Every one of them is set by law, not by a sales calendar. Miss one and the choice is made for you, at a price you did not pick and cannot change back.

Settlement

The margin scheme must be in writing by now

Section 75-5(1A). For GST, land is sold when it settles, so a contract already signed without the clause can still be fixed by a variation both sides sign. After settlement it is gone. The buyer withholds - of the price under the margin scheme, against one eleventh without it. What the clause has to say.

30 June

Renting any out? You repay GST credits yearly

Under Division 129, the check happens in the tax period ending 30 June. Any new home rented out since the last one is measured on this date and part of the build credits go back. Then it happens again the next year, for as many as ten years. What letting unsold stock costs.

Four years

Unclaimed GST credits expire

Section 93-5. You can only claim a GST credit within four years of the due date of the activity statement it first belonged to, and the ATO cannot extend that. On a development that runs three years from first bill to last settlement, the early bills are closer to the limit than most people think. Rule current at -.

There is a fourth date and it is not a deadline: failing to give the purchaser the written notice before settlement is 100 penalty units, which is - at the unit that applies from 1 July 2026.

What you get free, and what the report adds

The Property Development GST Report

The free estimate shows you where you stand. The report gives you the exact numbers and puts every GST option in order, on your own figures. Every sum is shown, so you can check it, question it, or hand it straight to your accountant.

Free: shows you there is a choice

  • GST on the whole price, exactly
  • Whether the margin scheme looks open to you, and why
  • What the margin scheme is worth on your figures
  • What the leading option leaves you, as a range rather than an exact figure
  • Every GST option named, with a plain English explanation of each
  • Half the steps for each one, in the order they happen

Paid report, $19: the exact answer

  • What every GST option leaves you, to the dollar, in order
  • The eligibility trail: which paragraph of section 75-5 applies to your chain of title
  • What the buyer withholds at settlement against what you actually owe, and the refund or the shortfall
  • What renting it out would cost in GST credits repaid, at every adjustment period
  • If you built homes and claimed credits: what five years of renting would do to the whole position
  • If you are selling more than one lot: the same figures lot by lot
  • A dated checklist of what has to be in writing, and by when
  • The assistant, on your own figures, with no limit
  • The whole thing as a PDF for your accountant, charts included

See a full sample report, free. It is an invented six townhouse development run all the way through the real engine, with the open half exactly as a customer sees it, and the assistant live on it for two questions.

How the calculator works

Work out your property GST in 3 easy steps

If you can read the front page of a contract, you can use this. Simple mode asks six questions. Advanced adds the valuation, the costs that carried no GST, and the build period.

01

Tell us what you are selling

The contract price, what you paid for the land, how you bought it and where the contract is up to. We never ask for your name, your ABN, your tax file number or a bank account. Nothing you would not read out to a conveyancer over the phone.

02

See your GST free, straight away

The exact GST on the whole price, whether the margin scheme looks open to you and which rule decides it, and every legal GST option named with a full explanation of what each one means.

03

Unlock the exact figures

$19 opens the full report: every GST option priced and ranked, what the buyer withholds against what you really owe, the cost of renting any out, and the dated list of what has to be signed. PDF included, ready to send to your accountant.

Built on the real GST law, Division 75

The margin scheme in Division 75, new residential premises in section 40-75, the adjustments in Division 129, and GST at settlement in Subdivision 14-E of Schedule 1 to the Taxation Administration Act 1953.

Every sum shown, so you can check it

Nothing is a black box. Every figure in the report carries the arithmetic that produced it and the section or ruling it comes from.

Facts and maths, not advice

We are not licensed to tell you what to do, and we do not try. Most developers are missing the arithmetic, not an opinion. Eligibility turns on contracts only you hold.

Refund if it cannot model your sale

If the calculator cannot properly model your situation, or something goes wrong, tell us within 14 days and we will refund you. No forms, no argument.

Ask Agent, included with the report

Stuck on a GST term?
Just ask, in plain English.

Every report comes with an assistant that has read your report: your price, how you acquired the land, your chain of title, your figures. Ask it anything about them in plain English. It is not a search box or a help page. It knows what your report says because it has been given it.

Ask Agent
Why is the buyer withholding more than the GST I owe?
Because the 7% is a stand-in rather than the real figure. The buyer cannot know what you paid for the land. On your sale it comes to $310,800, against $283,636 of GST actually payable, so $27,164 comes back to you when you lodge the activity statement for that quarter.
What does "margin" mean here?
The sale price less what you paid for the property, and nothing else. Your $4,440,000 less the $1,320,000 you paid for the site is a margin of $3,120,000. The $2,400,000 you spent building does not come off it. It produces GST credits instead.

An example of the kind of answer it gives, on the sample report's figures.

  • It answers from your report, not a script Why the withholding is not the GST. Whether the build comes off the margin. What happens at 30 June if a tenant is still in one of them. It answers from your own figures and quotes them back.
  • Plain English for a confusing subject It is built for this one subject and told to explain rather than impress. No section number without the plain words beside it, short answers, and no lecture.
  • Totally optional. Use it or ignore it. It sits behind one button on your report and does nothing until you press it. Nothing in the report is held back from somebody who never opens it, and nothing is sent anywhere unless you ask it something.
  • It never knows who you are What it receives is the figures on your report: amounts and categories. Not your name, not your email address, not your account, and never a tax file number, an ABN or a bank detail, because we do not hold those. The project name you can put on the cover is optional and is not part of what it is given.
  • Your chat is not kept The conversation stays in your browser tab and is gone when you close it. We record that a question was asked so we know the feature is used, never what it said. Section 5 of the privacy policy sets out exactly what does and does not travel.
  • It explains GST. It does not give advice. It will tell you what the rules say, what each treatment costs and where the figures come from, and it will not tell you what to do. The report itself holds the same line. Nothing here is tax advice.

Price of the full report

Pay $19 once, or risk one eleventh of your land cost

One payment. No expiry, nothing to renew, and we never keep your card. It opens the whole report and lets you redo the sums for every stage and every lot, as often as you like.

If it cannot model your sale, you get your money back. If the calculator cannot properly model your situation, or something goes wrong, tell us within 14 days and we will refund you. No forms, no argument.

Prices in Australian dollars. Paid securely through PayPal, by card or PayPal balance, no account needed. See a sample report before you decide.

GST margin scheme FAQ

Property GST questions, answered simply

If the sale is taxable, GST is one eleventh of the price. That is - on a sale at the Australian mean dwelling price of -. If you are eligible for the margin scheme and the contract says so in writing, GST is one eleventh of the margin instead. The margin is the price less what you paid for the property. Development costs, stamp duty and legal fees do not come off it.

The GST margin scheme is a way to work out GST on a property sale using the margin instead of the whole price. The margin is the sale price less what you paid for the property, and GST is one eleventh of that margin. It is not automatic. You must be eligible, and you and the buyer must agree to it in writing on or before settlement.

Take the sale price, subtract what you paid for the property, and divide the result by eleven. On a $900,000 sale of land bought for $500,000, the margin is $400,000 and the GST is $36,364. Without the margin scheme, GST on the whole price would be $81,818. The build cost does not come off the margin. It gives you GST credits instead.

You can use it if you are registered for GST, the sale is taxable, you and the buyer agree in writing on or before settlement, and you did not buy the whole property through a sale that was ineligible for the margin scheme. The most common reason people miss out is buying the property as a fully taxable sale, with GST worked out the ordinary way. Since 9 December 2008, buying as a GST-free going concern, as GST-free farmland, or from an associate for nothing also rules you out if that seller was ineligible.

Yes, as long as the sale has not settled. For GST, a sale of land happens at settlement, not when contracts are exchanged. So a contract already signed without the margin scheme clause can still be fixed by a variation that you and the buyer both sign before settlement. Once it settles, the chance is gone on that lot, and each lot closes separately.

The sale is taxed on the whole price instead of the margin. The agreement has to be made in writing on or before the day of the supply, which is settlement. The Commissioner can extend the time to put an agreement in writing, but has no power to apply the margin scheme where the two sides never agreed that it applied. On a development, the difference is usually everything you paid for the land, divided by eleven.

The buyer holds back one eleventh of the contract price, or 7% if the margin scheme applies, and pays it straight to the ATO. This applies to a taxable sale of new residential premises or potential residential land. You must tell the buyer in writing before settlement. Failing to do so carries a penalty of 100 penalty units, which is $36,400. You get the withheld amount back as a credit when you lodge the activity statement for that period.

No. When a property is sold under the margin scheme, the buyer cannot claim a GST credit on the price. For a home buyer that makes no difference. For a buyer registered for GST and buying for a business, it does, which gives them a reason to say nothing and let the margin scheme clause stay blank. That is why checking the contract yourself matters.

Yes, when a registered developer sells it. Subdivided lots are potential residential land, which means land you may build a home on with nothing on it used for a commercial purpose. The sale is taxable, the margin scheme applies on the same terms as a finished home, and the buyer withholds at settlement. The one exception is a registered business buying the land for a creditable purpose.

No, and this is the most expensive misunderstanding in the subject. Section 75-14 keeps development costs, construction, stamp duty, legal fees, options, council contributions and interest out of the purchase figure entirely. The margin is the sale price less what you paid for the property. What the build does instead is give you GST credits at one eleventh of what you spent. That is worth the same money by a different route, which is why the law will not let you have both.

You pay back part of the GST credits you claimed on the build. Rent on a home is input taxed, so renting is not a creditable purpose. Under Division 129 you have an increasing adjustment at the next adjustment period ending 30 June. Keeping the property genuinely on the market while it is tenanted reduces the adjustment, and taking it off the market increases it. Rent it for five years straight with no marketing at all and the sale stops being taxable, and every credit is repaid.

You can use either what you paid, or an approved valuation of the property as at 1 July 2000 (or the day you registered for GST, if that was later). On land held since the 1990s the valuation is usually far higher than the price paid, so the margin, and the GST on it, is far smaller. A real estate agent's appraisal does not count as an approved valuation.

Because the maths is the part most developers are missing, and maths scales. GST advice and compliance is billed at $100 an hour to $500 an hour in Australia, and a written GST opinion on a development is not a one hour job. This service is not licensed to give you a recommendation and does not attempt one. Read it first, not instead, and take it to them with your questions already framed.

Get the margin scheme in writing before settlement, or lose it for good

You cannot add it afterwards. You cannot object to it. The Commissioner has no power to apply it where you and the buyer never agreed. Almost every other decision on a development can be changed later. This one closes the day each lot settles, one lot at a time. Three free minutes now could be the cheapest part of the whole project.

No card. No sign up. Your answer on the next screen.

You already know the sale price and what you paid for the land. That is all it takes to see what GST will cost you on this sale.

Six quick steps to see the GST on your sale, and whether it could legally be less

Step 1 Just started

    GST law as at -.

    1 What property are you selling?

    It decides two things: whether the buyer has to hand part of the price straight to the ATO at settlement, and whether letting the unsold stock can claw your GST credits back. It does not change whether the margin scheme is open to you.

    Which of these is it?

    Six townhouses is six. Put the total price for all of them in the next step and the report breaks it down lot by lot. That matters, because each lot is its own contract with its own written agreement.

    Used only to put your price beside what that kind of property actually transacts for. No GST figure changes with it.

    Short steps, and only the questions that decide most of the answer.

    Why "new" matters. A sale of second-hand residential premises is input taxed: no GST at all, by anybody. A sale of new residential premises by somebody registered for GST is fully taxable. The whole of this subject sits in the gap between those two sentences.

    2 The sale

    The contract price, GST inclusive: the figure on the front page. GST on a taxable sale is one eleventh of it, not 10% of it, because the price already includes the tax.

    $

    Everything being sold under this project. Settlement adjustments (rates, water, land tax adjusted at settlement) form part of the consideration and belong in this figure.

    Nothing in the GST turns on this. It is used to put your price beside what property in that market actually transacts for.

    It changes three things. A registered buyer opens the going concern route, and on vacant land it removes the withholding obligation entirely. A sale to an associate is worked out on what the property is worth rather than on the contract price, and is withheld from on a different basis again.

    Both halves have to be true for the concession: five years of actual farming, and a buyer who intends to carry a farming business on. Selling to somebody who will subdivide does not qualify.

    $

    GST inclusive, the way the contract price is. Where a sale to an associate is for less than this, the GST is worked out on this figure and not on the price. Leave it blank and the report uses the contract price, and says so.

    Section 72-70(2). Where the associate is registered and would be entitled to a full GST credit on the purchase, the market value rule does not apply to the ordinary rate and the contract price stands.

    3 What did you pay for the property?

    The margin scheme is worth exactly one eleventh of this figure, whatever you end up selling for. How you acquired the property is what decides whether you get it.

    $

    Not the build, not the stamp duty, not the legals, not the interest, not the council contributions. Section 75-14 keeps every one of those out of the margin. They are claimable as GST credits instead, which is the same money by a different route.

    This is the question that decides whether the margin scheme is open to you at all, and it is about the contract you bought under. A private seller, a deceased estate or an ordinary homeowner is the commonest answer.

    The date on the purchase contract. Those two dates in the middle are when Parliament tightened the eligibility rules, and land held before GST started can be valued instead of costed.

    Only matters where you bought as a going concern, as farm land, from an associate, by inheritance, or through a GST group or joint venture. In those cases the seller's ineligibility passes to you, so the question is about how they acquired it.

    It can be a way back. Section 75-5(2) only closes the scheme where the entire interest came through an ineligible supply, so an eligible parcel in the mix can reopen it on the whole amalgamated title.

    $

    On the way you acquired it, section 75-11 works the margin out against a figure about the entity you acquired from rather than against what you paid them, which may have been nothing. In the commonest case that figure is simply what they paid. Leave it blank and the report uses your own cost, and says so.

    Their date, not yours. It decides which limb of section 75-11 applies, and whether the base is what they paid or a valuation as at 1 July 2000.

    $

    The market value as at the valuation date, usually 1 July 2000 for land held before GST started. Leave it blank and the report uses what you paid, and says so.

    It has to be held by the due date of the activity statement for the period the sale falls in. It does not have to be done on the valuation date, only as at it.

    4 The written agreement

    Since 29 June 2005 the margin scheme only applies where the seller and the buyer have agreed to it in writing, on or before the day of the supply. For land that day is settlement, not exchange. That is why a contract already signed without it can still be fixed.

    There is no set form. It has to be signed by both parties and identify the property. Most state law society contracts carry a tick box for it, and ticking it is free.

    Registration is compulsory once GST turnover reaches $75,000, and a development almost always clears that on the first sale. Answering no does not make the tax go away if you were required to register.

    A question of fact. The ATO looks at scale, repetition, borrowing, planning and how business-like the activity was. A one-off subdivision undertaken for profit is usually an enterprise.

    After settlement. The Commissioner can allow further time in which the agreement is put in writing, under PS LA 2005/15, but has no power to apply the margin scheme where the parties never agreed that it applied. If both sides did agree and simply never documented it, that is a request worth making.

    5 How much did the build cost?

    None of this comes off the margin. What it does instead is produce GST credits at one eleventh of what you spent, which is worth the same money by a different route, and is why the law will not let you have both.

    $

    GST inclusive, and only what you hold tax invoices for: the builder, the trades, the materials, the architect, the surveyor, the engineer, the planners.

    $

    GST inclusive. Claimable as credits on a taxable sale, including a margin scheme sale, but not claimable to the extent the sale ends up input taxed.

    $

    Stamp duty, land tax, rates, most authority contributions and bank interest. No GST in them, so no credit, and none of them comes off the margin either. Leaving this blank changes no figure in the report.

    Months from the first development cost until the first tenant moved in: the build plus however long it was on the market before it was let. Every one of those months was time you were applying it to the creditable purpose of sale. It is only used where the property is let and taken off the market.

    6 Did you rent it out before selling?

    The question almost nobody expects to be asked, and one that quietly costs developers real money. Residential rent is input taxed, so letting a dwelling you built to sell means the GST credits on the build are no longer fully applied to a taxable sale.

    Division 129 makes you repay part of the build credits at the next 30 June, and again at every 30 June after it until the property sells.

    This is where the money is. Genuinely holding for sale while letting is a dual application and the ordinary formula applies. Off the market, every tenanted month becomes wholly non-creditable and a second apportionment is applied on top.

    Count from the day the first tenant moved in. A rough figure is fine. The report draws the whole curve.

    $

    Total, not per dwelling. Two apartments at $2,600 each is $5,200. The formula compares the rent against the sale price.

    Only the homes with a tenant in them lose part of their GST credits. The rest keep theirs in full. Leave it blank if every home is rented.

    And the five year rule. Let the premises for five straight years with no marketing at all and the sale stops being taxable altogether: no GST, no withholding, and every credit you claimed on the land and the build repaid. The report prices that path in full.

    7 Check your answers, then see your GST

    This is everything you have told us. Anything wrong? Click the line to go back and change it.

    Printed on the cover and nowhere else, so a report you send to your accountant is recognisable when they open it.

    Saved automatically so you can reopen it from My reports. Change one number later and save that as another.

    Free. No card, no sign up, and your answer appears on the next screen.

    The GST rules on your sale, and what each one means in dollars

    How much is at stake

    Your options are $0 apart

    The difference between your options, on your own numbers.

    A tax agent or GST adviser $100 an hour to $500 an hour
    At stake on your figures -
    This report, once $19
    Unlock my full GST report

    Use any email for your login, or leave it as your PayPal one

    Secured by PayPal Refundable Nothing renews

    And you can ask it questions. Your report comes with an assistant that has read it and explains any figure in plain English, if you want it. It is given the amounts on your report, never your name or your email, and the conversation stays in your browser.

    See everything it includes · See a sample report

    If it cannot model your sale, you get your money back. If the calculator cannot properly model your situation, or something goes wrong, tell us within 14 days and we will refund you. No forms, no argument.
    If it cannot model your sale, you get your money back. If the calculator cannot properly model your situation, or something goes wrong, tell us within 14 days and we will refund you. No forms, no argument. See a sample report before you buy.

    Questions to ask before you buy

    Yes, it is included, and using it is entirely your choice. It sits behind one button on your report and does nothing until you press it. Nothing in the report is held back from somebody who never opens it.

    When you do ask it something, what it receives is the figures on your report: amounts and categories. Not your name, not your email address, not your account, and never a tax file number, an ABN or a bank detail. We do not hold those in the first place. The name you can put on the report cover is optional and is not part of what it is given. The conversation stays in your browser tab and is gone when you close it, and we record that a question was asked without recording what it said.

    Section 5 of the privacy policy sets out exactly what does and does not travel, including who processes it.

    No. You pay once and the access is yours. There is no subscription and nothing renews. PayPal handles the payment, so we never even see your card number.

    Then the report shows which paragraph of section 75-5 closes it, what it would have been worth, and whether any route is left: an amalgamated title, a going concern sale, or a request to the Commissioner for more time. Far better to know that before settlement than after. And if the calculator cannot properly model your situation, or something goes wrong, tell us within 14 days and we will refund you. No forms, no argument.

    What you get

    Total $0.00

    Any email you like can be your login, or use your PayPal one.

    Secured by PayPal     Pay by PayPal or card     No renewals

    3 GST basics nobody explains first

    1
    GST is one eleventh of the price, not 10% of it

    The contract price already includes the tax, so you divide by eleven rather than multiply by a tenth. On a $1,100,000 sale that is $100,000 rather than $110,000. Get it the wrong way round and you overstate the bill by a tenth, every single time.

    2
    The margin is the price less what you paid for the property

    And nothing else. Not the build, not the stamp duty, not the legals, not the interest, not the agent. So the margin scheme is worth exactly one eleventh of what the site cost you, whatever you end up selling for.

    3
    It has to be agreed in writing before settlement

    Both parties, in writing, on or before the day of the supply. For land, that is settlement rather than exchange. After that the Commissioner can extend the time to document an agreement but cannot create one, so a contract that never mentioned it is a contract taxed on the whole price.

    Everything below is those three facts in real dollars, for eleven different developments. Worked out on the GST law as at current.

    Your sale is not on this page. Check yours free.

    Your own figure depends on four things and none of them is on this page: what you paid for the site, how you acquired it, what the contract says, and whether anything has been let. Three minutes and you will have it.

    These are Marsden Street's numbers, not yours Marsden Street, Stage 2 is invented: six Brisbane townhouses selling for $4,440,000 in total, on a site bought for $1,320,000 from an owner who was not registered for GST, with $2,400,000 of construction behind them and two units that would not sell now let to tenants. Change any one of those and the gaps between the options change, and the order they come in changes completely.

    Nothing on this page is an answer for your situation, and none of it should be relied on for a decision about you.
    What it does show is exactly what your own report looks like and how to read it: the same engine and the same GST law as at 1 July 2026. The charts in the later sections are shown here as outlines.
    GST Margin Scheme

    The Property Development
    GST Report

    Prepared for Marsden Street, Stage 2

    ReferenceSAMPLE0000 Prepared1 July 2026 Law as at1 July 2026 Sale price$4,440,000
    01

    Your options, side by side

    Every lawful way to tax this sale, and what each one leaves out of the same $4,440,000. Same property, same buyers, same settlement day. The only difference is how the sale is taxed and what has to be signed before it settles. Open Show Details on any option. Those panels are live on this page.

    02

    The short version

    Three numbers. The rest of the report explains where they come from.

    GST on the whole price $403,636 one eleventh of $4,440,000
    GST under the margin scheme $283,636 one eleventh of a $3,120,000 margin
    What the margin scheme saves you $120,000 on this sale, because the agreement is in writing

    The contract already says the margin scheme applies. Section 75-5(1A) is satisfied. Keep the signed copy: it is the only proof that the agreement was made on or before settlement.

    Nothing about how this property was bought rules out the margin scheme. It was bought from a seller who was not registered for GST, on or after 9 December 2008. The next section sets out each test.

    03

    Can you use the margin scheme?

    Five tests, and you have to pass all of them. Four are facts that are already fixed. The fifth is a clause in the contract, and it is the only one you can still change.

    PassesThe testWhere it comes from
    Yes Registered for GST, or required to be Section 9-5. Without registration there is no taxable supply and no GST. And registration is compulsory once GST turnover reaches $75,000.
    Yes The sale is made in the course of an enterprise Section 9-5. A subdivision or a build undertaken to make a profit is an enterprise even where it is the only one you ever do.
    Yes The property is new residential premises or potential residential land Section 40-75(1)(a). Premises that have not previously been sold as residential premises and have not been the subject of a long-term lease.
    Yes You did not acquire the whole property through an ineligible supply Section 75-5(2) and (3). It was bought from a seller who was not registered for GST, on or after 9 December 2008, which is not one of the acquisitions that closes the scheme.
    Yes You and the buyer agreed in writing, on or before settlement Section 75-5(1A). The supply of land is made at settlement, not at exchange. The contract already says the margin scheme applies.

    If you are not sure, you can ask the ATO in writing. Where it is genuinely unclear how the property was bought, the ATO can give a private ruling on your own facts, and it binds them. It is the only way to be certain before settlement.

    04

    How the margin is worked out

    The margin is the sale price less what was paid for the property. That is the whole rule, and the list of things that do not come off it is longer than most people expect.

    The sale price $4,440,000 GST-inclusive, including settlement adjustments
    What the margin is measured from $1,320,000 what you paid for the property
    The margin $3,120,000 and GST is one eleventh of it
    Where the $4,440,000 goes under the margin scheme: the amount the margin is measured from, the margin, and the GST on the margin.

    What the margin is measured from. The property was acquired on or after 1 July 2000 in an ordinary purchase, so the margin is worked out against what was paid for it. There is no valuation option, and no valuation is needed.

    What does not come off the margin. The law (section 75-14) is clear, and this is the most expensive mistake people make. None of these reduces the margin by a dollar:

    Never taken off the margin

    • the cost of developing the property
    • construction and building costs
    • stamp duty on the purchase
    • legal and conveyancing fees
    • the cost of any option to buy the land
    • council and authority contributions
    • interest and holding costs
    • agent commission and marketing on the sale
    Everything spent on this development. Only the first bar, the $1,320,000 the margin is measured from, comes off the sale price under the margin scheme. The rest does not reduce the margin at all.

    Instead, most of them give you GST credits, which are covered in the credits section below. On these figures, $2,400,000 of building costs gives $218,182 of credits. Taking the same costs off the margin would have saved exactly the same $218,182, which is why the law does not let you do both.

    05

    Every option, ranked

    Ranked on one thing only: what is left of the $4,440,000 after GST and after any credits paid back. The top row leaves the most.

    #OptionGST Credits paid backWhat is left Less than the top option
    1 Keep it listed for sale while it is tenanted $283,636 $2,395 $4,153,969 -
    2 Margin scheme, on what you paid for the property $283,636 $22,814 $4,133,550 −$20,419
    3 Pay GST on the whole price $403,636 $22,814 $4,013,550 −$140,419
    Every option, drawn to scale. The longer the bar, the more of the sale price is kept.
    The GST paid under each option, side by side.
    The same $4,440,000 under each option, split into what is left, the GST and any GST credits paid back. Every bar is the same length because every option is the same sale.
    06

    What the buyer holds back at settlement

    Since 1 July 2018 the buyer pays part of the price straight to the ATO and the rest to you. It is not the GST, it is rarely the same number, and it happens on settlement day whether or not anybody told your lender.

    The buyer holds back $310,800 7% of $4,440,000, rounded down
    The GST you really owe $283,636 under the margin scheme, on the top option
    Paid back to you $27,164 when you lodge the activity statement for the period
    What is held back at settlement, what is really owed, and the refund between them.
    The 7% held back against the real GST, for a margin measured from anything between nothing and 60% of the sale price. They match at 23%.

    The amount held back is not the GST. On a margin scheme sale the buyer holds back 7% of the contract price and pays it to the ATO at settlement. You get every dollar of it back as a credit when you lodge, so it affects cash flow, not tax. But on a $4,440,000 settlement it is $310,800 that does not reach your account on the day. If your lender is not told, settlement can fall over.

    Why 7% and not one eleventh. Under the margin scheme the buyer cannot know what was paid, so the law uses a flat 7% of the price instead. It only matches the real GST when the margin is measured from 23% of the sale price. Here it is measured from $1,320,000, which is 29.7%, so the buyer holds back $27,164 more than is owed.

    You must give the buyer a written notice, and the penalty is real. Before settlement you must tell the buyer in writing whether they have to hold back GST, how much, and when to pay it (section 14-255). Not giving it can cost up to 100 penalty units: $36,400 at the $364 unit that applies from 1 July 2026.

    What the buyer holds back at settlement under each option, against the GST really owed under it. Where the first bar is taller the difference comes back at lodgment; where it is shorter the rest is paid with the activity statement.
    07

    The GST credits on what you spent

    The margin scheme does not change these, although most people think it does. It stops the buyer claiming back the GST in the price (section 75-20). It does not touch your credits on building, labour, plans, surveying, agent fees or advertising.

    What you spent it onSpend GST creditWhy
    Construction and development $2,400,000 $218,182 Builder, trades, materials, plans, surveying, engineering and council consultants where a tax invoice is held.
    Agent commission and marketing $96,000 $8,727 Claimable on a taxable sale, including a margin scheme sale. Not claimable to the extent the sale is input taxed.
    Costs that carried no GST $78,000 - Stamp duty, land tax, council rates, most authority contributions and bank interest. No GST in them, so no credit. And none of them comes off the margin either.

    Total credits on this development: $226,909. Each one is claimed in the activity statement period it belongs to, and lost for good four years after that statement was due. The ATO cannot extend that, and it is the most common way developers lose a large credit.

    The one credit the margin scheme does cost you is a credit on the property itself. You only get that if you paid full GST when you bought it, and in that case the margin scheme is not available anyway. You can never have both.

    6 more sections and their charts, unlocked in the full report

    • 08Renting it out before you sell
    • 09If the stock ends up let for five years
    • 10The same figures, lot by lot
    • 11Where the answer moves
    • 12What stands out in your numbers
    • 13What has to be in writing, and by when

    Everything above is real arithmetic on a fictional development. Run yours and this half opens on your own figures.

    And you can ask it questions. Every report comes with an assistant that has read your report and explains any figure in it in plain English. Using it is entirely your choice, it does nothing until you press the button, and it is given the amounts on your report and never your name, your email or your account.

    That is somebody else's development. Yours takes about three minutes and costs nothing.

    That link is no longer available

    The person who sent it may have switched it off, or the link may not have been copied in full. Ask them to send it again.

    We could not find that link

    The link may have been used already. If you still get emails, contact us and we will stop them.

    Reading is useful. Knowing what this sale is about to cost you in GST is better.

    Settlement

    The GST withholding notice you must give the buyer

    Section 14-255 puts one obligation on the seller and it is not optional: before settlement, tell the purchaser in writing whether they have to withhold, how much, and when to pay it. It is required even where nothing is to be withheld, and failing to give it is 100 penalty units - $36,400 at the unit that applies from 1 July 2026.

    GST law as at 1 July 2026 6 min read Australia
    The written GST withholding notice given to a property purchaser before settlement

    Who gives the withholding notice, and when?

    The supplier - the entity that will report the sale on its activity statement. The notice must be given before settlement of the property, and it can be included in the sale contract or provided as a separate document beforehand.

    All law societies except the Northern Territory have revised their standard land contracts to include the notification, so on a standard contract this is usually a matter of completing a section rather than drafting one.

    What must the notice say?

    Where the purchaser has a withholding obligation, the notice must state:

    • the name and ABN of all suppliers;
    • the GST branch number, if applicable;
    • the amount they must withhold, rounded down to the nearest dollar;
    • when they must pay it to the ATO; and
    • the GST-inclusive contract price, plus the GST-inclusive market value of any non-monetary consideration.

    Where the purchaser does not have a withholding obligation, the notice must be clear that no withholding is required. That is the half people forget, and it applies to a great many sales: substantially renovated premises, potential residential land sold to a registered business acquiring for a creditable purpose, GST-free sales, and sales of premises that are no longer new.

    How do you get the amount right?

    The amount has to match the treatment you are actually going to use. One eleventh of the price on an ordinary taxable sale; 7% of the price where the margin scheme applies; 10% of the GST-exclusive market value on a below-market sale to an associate.

    A notice quoting one eleventh, on a contract that says the margin scheme applies, is a contradiction that the purchaser's conveyancer will find at settlement - and the buyer, relying on the notice, may withhold the larger figure. The clause, the notice and the activity statement all have to say the same thing.

    If you get it wrong, give the purchaser an amended notice. That is the ATO's own instruction and it is far better than leaving an incorrect one standing.

    What is the penalty for not giving the notice?

    A supplier who fails to provide the notice may incur either:

    • a strict liability offence of 100 penalty units, which may be prosecuted before a court; or
    • an administrative penalty of 100 penalty units, which is not applied if the offence is prosecuted.

    The Commonwealth penalty unit is $364 from 1 July 2026, so 100 units is $36,400. It is indexed every third 1 July under section 4AA of the Crimes Act 1914.

    Penalties do not apply where you reasonably believed you were not required to meet the notice requirements, or made an honest and reasonable mistake about how they apply to a particular supply. "Nobody mentioned it" is unlikely to be either.

    FailureWhoConsequence
    No supplier noticeSeller100 penalty units - $36,400
    Failed to withhold or payBuyerPenalty equal to the amount they should have paid
    Failed to lodge the two formsBuyerOne penalty unit per 28 days, up to five

    Why the buyer's forms are your problem too

    The purchaser lodges two online forms and pays the withheld amount. The ATO will not penalise a purchaser who reasonably relied on the supplier's notice - but it says plainly that where a buyer knows the supplier is registered and is selling new residential premises not previously sold, it is unreasonable not to withhold.

    Practically, a buyer who has not lodged Form one cannot complete the payment cleanly at settlement, and a settlement that does not complete is your problem as much as theirs. Raising it with the purchaser's conveyancer when contracts exchange, rather than the week of settlement, is the whole of the fix. See the two settlement forms.

    What a conveyancer can and cannot do

    Conveyancers and real estate agents can help a purchaser complete the forms. They cannot give GST advice unless they are registered tax or BAS agents, and the ATO says so explicitly.

    That is why the eligibility question and the amount on the notice tend to sit unanswered in the middle of the table: the conveyancer is not permitted to answer them and the accountant has not been sent the contract. Deciding who owns it, in writing, at the start of the project is worth more than any individual piece of advice.

    Will the ATO notice a missed sale?

    The ATO receives data from state and territory land titles offices and revenue agencies covering sales and transfers of real property. A settlement with no withholding, no notice and no reported sale is precisely the pattern that data matching is designed to surface.

    None of which is a reason for alarm on a properly run project. It is a reason to make the notice part of the contract process rather than something that happens if somebody remembers.

    Every sale needs a notice, even with nothing withheld

    Free: whether your sale is caught. The full report works out the amount for the notice and the dated list of everything else that has to be in writing.

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    support@calculatedchoices.com.au Questions about the calculator, getting back in, or a refund
    Australian Taxation Office, business enquiries: 13 28 66 8am to 6pm Monday to Friday. GST, activity statements and GST at settlement. They will also tell you how to apply for a private ruling, which is free and binds the Commissioner to the answer.
    Tax Practitioners Board: 1300 362 829 9am to 5pm Sydney time, Monday to Friday. Check that somebody advising you on this is actually a registered tax agent, or make a complaint about one who is.
    Tax Ombudsman (Inspector-General of Taxation): 1300 44 88 29 9am to 4pm Sydney time, Monday to Friday. Independent of the ATO. For complaints about how the ATO has handled a matter, including a ruling request or an audit.
    Small Business and Family Enterprise Ombudsman: 1300 650 460 Free assistance for small businesses in a dispute, including with a government agency, and free guidance on where to take a problem next.
    National Debt Helpline: 1800 007 007 9.30am to 4.30pm Monday to Friday. Free, independent financial counselling. A GST bill that lands larger than budgeted is a cash flow problem before it is anything else, and this is the number for that.

    Send us a message

    A property development is a two or three year project in which almost every decision can be revisited. One cannot. GST on the sale of new residential premises is one eleventh of the whole price unless the margin scheme applies, and the margin scheme has to be agreed in writing on or before settlement. On an ordinary suburban development that sentence is worth one eleventh of what the site cost: tens or hundreds of thousands of dollars. And it is decided by a tick box on a contract that goes out while everybody involved is thinking about something else. Nobody in the transaction has a duty to mention it.

    None of the rules are secret. The margin scheme is Division 75 of the A New Tax System (Goods and Services Tax) Act 1999; new residential premises are defined in section 40-75; the adjustment for renting what you built to sell is Division 129; the amount the buyer hands the ATO at settlement is Subdivision 14-E of Schedule 1 to the Taxation Administration Act 1953. The Commissioner has published rulings on all of it: GSTR 2006/7, GSTR 2006/8, GSTR 2009/4, GSTR 2003/3 and GSTR 2002/5 among them. What almost nobody outside a tax practice ever does is put those documents next to one set of real figures, because they are written for administrators, they sit across two Acts and half a dozen rulings, and the arithmetic is spread through all of it.

    GST Margin Scheme does one thing: it applies those published rules to your figures and shows you, in full, what they produce. Every lawful treatment of the sale priced, every one of them ranked on a single stated measure, the eligibility test worked through paragraph by paragraph, and every working visible so you can check it, argue with it, or hand it to somebody who can.

    We do not tell you what to do. We are not licensed to, and frankly the arithmetic is the part people are missing, not the opinion. Eligibility for the margin scheme turns on how every earlier owner acquired the property, and only your own contracts can prove that. A registered tax agent can read them and we cannot; the ATO can give a written ruling on them, and a private ruling binds the Commissioner. Read this first, not instead.

    1. About this policy

    This policy explains how XTO Pty. Ltd. (we, us, our) collects, holds, uses and discloses personal information, and how you can access, correct or complain about it. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

    It applies to calculatedchoices.com.au and to every email we send you. It does not apply to any third party site we link to.

    2. What we never collect

    We do not ask for, and you should never send us, your Medicare number, tax file number, tax file number, bank account number, or any government identifier, bank account details or card number. The calculator does not need them. If you send one to us anyway we will delete it rather than store it.

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    Information you give us

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    4. Where the calculation happens

    In your browser, on your device. The figures you type into the calculator are processed locally to produce your result. They are transmitted to us only if you choose to save a scenario to your account. If you never save one, we never receive them.

    Two exceptions, and both are things you have to choose to do:

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    5. The report assistant

    A paid report comes with an optional assistant you can ask questions about your own figures. It is the one part of this site that sends anything to a third party, so it is set out here in full.

    It is entirely your choice, and it does nothing until you use it. Nothing is sent anywhere unless you open the assistant and ask a question. If you never open it, this section does not apply to you at all, and the rest of the report works exactly the same.

    What is sent when you do ask

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    What travels is a set of amounts and categories. On its own it does not identify anybody, and we do not send anything alongside it that would.

    Who processes it

    The request is answered by Google's Gemini API, which processes it outside Australia - see sections 10 and 11. We do not train any model on your figures and we have no arrangement permitting anyone to do so; what Google does with data sent to its API is governed by its own terms, which we do not control.

    How long it is kept

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    18. Contact

    Privacy Officer
    XTO Pty. Ltd. (ACN [ACN NOT SET])
    Level 1, 457 Elizabeth Street, Surry Hills NSW 2010
    support@calculatedchoices.com.au

    1. Agreement

    By using calculatedchoices.com.au (the site) or buying a pass you agree to these terms. If you do not agree, do not use the site. In these terms we, us and our mean XTO Pty. Ltd.; you means the person using the site or, where you use it on behalf of another person or an entity, both you and that person or entity.

    2. Eligibility

    You must be at least 18 and legally able to enter a contract. The site is intended for use in Australia and applies Australian law and the published Australian GST law, principally Division 75 of the A New Tax System (Goods and Services Tax) Act 1999 and the ATO rulings that apply it only. If you use it from outside Australia you do so on your own initiative and are responsible for local compliance.

    3. What this service is

    GST Margin Scheme is an information and calculation service. It applies the published Australian GST law, principally Division 75 of the A New Tax System (Goods and Services Tax) Act 1999 and the ATO rulings that apply it to figures you supply and reports what those rules produce, showing its workings and naming the fee schedule used.

    4. What it is not

    It is not financial product advice, personal advice, legal advice, tax advice, accounting advice or tax advice, and it is not a recommendation to acquire, dispose of or deal in any financial product.

    • We do not hold an Australian Financial Services Licence and are not authorised representatives of any licensee.
    • We do not know your full circumstances, objectives, financial situation or needs, and nothing produced by the site takes them into account.
    • Where the report ranks options it does so on a single arithmetic measure that deliberately ignores everything a number cannot capture - health, family circumstances, tax position, estate planning, the GST treatment of a property sale, and what actually matters to you.
    • We receive no commission and have no relationship with any purchaser, conveyancer, solicitor, accountant, registered tax agent, valuer, lender or land titles office.

    You should obtain independent, licensed advice before acting. Any decision you make is yours.

    5. Accuracy and estimates

    We take considerable care to keep the rates current and the formulas right, and every report prints the schedule it was built on. Even so:

    • All output is an estimate based on the figures you entered. If those figures are wrong, incomplete or out of date, the output will be too.
    • The GST you actually pay is self-assessed on your own business activity statement and can be reviewed or amended by the Australian Taxation Office. Whether you may use the margin scheme depends on the chain of title - how every earlier owner acquired the property - which only your own contracts can prove. Where it is not clear, a private ruling from the ATO is free and binds the Commissioner. Those prevail over anything the site produces.
    • Rates, thresholds and caps change by legislation and indexation, and legislation can change without notice or retrospectively.
    • Projections rely on assumptions about the future - investment returns, indexation, home values, length of stay - which are inherently uncertain and will not be accurate.

    Always confirm before you act.

    6. Your responsibility for decisions

    You acknowledge and agree that you are solely responsible for evaluating the output, for verifying it against official sources, for obtaining independent professional advice, and for every decision you make or do not make. We are not your adviser and no fiduciary or advisory relationship arises from your use of the site.

    7. Accounts

    You are responsible for keeping your password confidential and for everything done under your account. Tell us immediately at support@calculatedchoices.com.au if you suspect unauthorised use. We may suspend or close an account we reasonably believe is being used in breach of these terms.

    8. Passes, price and payment

    • A pass grants access to the full report from the moment payment is confirmed, and it does not expire. It does not renew and nothing is charged automatically. There is no subscription and no card is kept on file.
    • Prices are in Australian dollars and include GST where applicable. We may change prices at any time; the price shown when you buy is the price you pay.
    • Payment is processed by PayPal under its own terms. We do not receive your card details.
    • A pass is for personal or single household use. It is not transferable and may not be shared, resold or used to provide a service to others.

    9. Reports you export

    A report you export as a PDF or otherwise save remains yours to keep and to show to family, an adviser or a registered tax agent. That licence is personal and non‑commercial. It does not permit republication, resale, or use as part of a product or service you provide to others.

    10. Refunds

    Our promise: if the calculator cannot properly model your circumstances, or something has gone wrong, write to us within 14 days of purchase and we will refund the pass. No form and no argument. We would rather refund you than have you rely on a number that does not fit.

    This is a voluntary commercial guarantee offered in addition to, and it does not limit, your rights under the Australian Consumer Law. Refunds are made to the original payment method within five business days of us accepting the request.

    11. Acceptable use

    You must not:

    • scrape, crawl, harvest, mirror or systematically extract the site or its content;
    • attempt to access the paid report engine, any account, or any data without authorisation;
    • reverse engineer, decompile or attempt to derive the source of any part of the service;
    • interfere with the site's operation or security, or impose an unreasonable load on it;
    • resell, sublicense or commercially exploit the service or its output;
    • use the site to provide financial, legal or placement advice to third parties; or
    • use it unlawfully, or to infringe anyone's rights.

    12. Intellectual property

    All content, code, calculation methodology, report design, text and branding on the site is owned by us or licensed to us and is protected by copyright and other laws. Legislated rates and government data are not owned by anyone; our expression, arrangement and implementation of them is. Nothing in these terms transfers ownership to you.

    13. Availability

    We aim to keep the site available but do not guarantee it will be uninterrupted, timely, secure or error free. We may modify, suspend or discontinue any part of it, and may perform maintenance, at any time. If we permanently discontinue the service while your pass is running, we will refund the unused portion.

    14. Third parties

    The site relies on third party services including PayPal, Google and our hosting and email providers, and links to third party sites and government resources. We are not responsible for those services or sites, their availability, their content or their terms.

    15. Australian Consumer Law

    Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

    Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law which cannot lawfully be excluded, restricted or modified. If any part of these terms would do so, that part does not apply.

    16. Limitation of liability

    Subject always to section 15, and to the maximum extent permitted by law:

    • the site and its output are provided "as is" and "as available", and we exclude all warranties, conditions, guarantees and representations not expressly set out in these terms, whether express, implied, statutory or otherwise, including as to accuracy, fitness for a particular purpose, merchantability and non‑infringement;
    • we are not liable for any indirect, incidental, special, punitive or consequential loss, or for any loss of profit, revenue, savings, opportunity, goodwill, data, anticipated benefit, or for any loss arising from a decision made or not made in reliance on the site, however arising and whether in contract, tort (including negligence), statute or otherwise, even if we were advised of the possibility;
    • our total aggregate liability to you for all claims connected with the site or these terms is limited, at our election, to resupplying the service or to refunding the amount you actually paid us in the twelve months before the claim arose; and
    • where liability cannot be excluded but can be limited, it is limited as set out above.

    You agree that this allocation of risk is reasonable given the price of the service and that the service is information rather than advice.

    Our liability is reduced to the extent your loss is caused or contributed to by you, including by entering incorrect figures, by failing to verify output against official sources, or by failing to obtain independent advice.

    17. Indemnity

    To the maximum extent permitted by law, you indemnify us against any claim, loss, liability, cost or expense (including reasonable legal costs) arising from your breach of these terms, your misuse of the site, or your provision of the site's output to a third party who relies on it. This does not apply to the extent the claim arises from our own breach, negligence or wilful misconduct.

    18. Termination

    You may stop using the site at any time. We may suspend or terminate your access immediately if you breach these terms. Sections 4, 5, 6, 9, 12, 15, 16, 17, 19 and 20 survive termination.

    19. Privacy

    Our Privacy Policy forms part of these terms and explains how we handle personal information.

    20. Governing law

    These terms are governed by the laws of New South Wales, Australia. You and we submit to the non‑exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them.

    21. General

    • Changes. We may amend these terms. The effective date changes when we do, and material changes will be notified by email or on the site before they take effect. The terms in force when you bought a pass govern that purchase.
    • Severability. If a provision is unenforceable it is read down to the minimum extent necessary, or severed, without affecting the rest.
    • Waiver. A failure to enforce a right is not a waiver of it.
    • Assignment. You may not assign these terms without our consent. We may assign them on a sale of the business.
    • Entire agreement. These terms and the Privacy Policy are the entire agreement between us about the site.

    22. Contact

    XTO Pty. Ltd. (ACN [ACN NOT SET])
    Level 1, 457 Elizabeth Street, Surry Hills NSW 2010
    support@calculatedchoices.com.au

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