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Before the contract is signed — or before it settles

Don't lose over $100,000. We'll show you your property development GST options.

You have built it, you have priced it, and the contracts are going out. GST on a new residential sale is one eleventh of the whole price. The margin scheme cuts that to one eleventh of the margin — and it only applies if you are eligible and if one sentence is in the contract before settlement.

A registered tax agent works it out at $100 an hour to $500 an hour, and a GST opinion on a development is not a one hour job. We do it in three minutes — eligibility, every lawful treatment priced, the settlement withholding and what has to be signed.

  • Free estimate. No card, no sign up
  • Full report $249 — GST advice starts at $100 an hour
  • Current to the 1 July 2026 GST law
30 second estimate

Two inputs for a quick estimate:

$
$
GST on the whole price $— one eleventh
The margin scheme is worth $—

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

If this is you

If none of this makes sense,
that is not your fault.

The GST on a property development is spread across a Division of the Act, four public rulings, a practice statement and a withholding regime that lives in a different Act altogether. None of it is written for the person who actually builds the houses.

"The contracts went out last week."

Nobody mentioned the margin scheme box, so nobody ticked it. The supply is made at settlement rather than exchange, so there is still time — but only until the first one settles, and after that it is gone for good on that lot.

"What is a margin, exactly?"

The price less what you paid for the property. Not less the build, not less the stamp duty, not less the legals, not less the interest. That last sentence is the most expensive misunderstanding in the whole subject and it is four words long.

"The conveyancer said ask the accountant."

And the accountant is waiting on the contract, and the contract is waiting on the accountant. Conveyancers are not permitted to give GST advice unless they are registered tax agents, so the question sits in the middle of the table.

"Two of them won't sell, so we let them."

Residential rent is input taxed. The day a tenant moves into a dwelling you built to sell, part of the GST credits you claimed on the build start coming back — and how much depends on whether it is still genuinely on the market.

So we built the thing that was missing.

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

The ATO won't tell you They publish the rules and they will rule on your own facts if you ask — a private ruling is free and binds them. What they do not do is read your contract before you sign it and point out what is missing.
The buyer won't tell you A margin scheme purchase gives the buyer no GST credit on the price. For a home buyer that is neither here nor there, and for a registered business it is 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 arithmetic first.

Three minutes and you will know whether the margin scheme is open to you, and what it is worth on your own figures. It costs nothing.

The loss

Two developers. The same six townhouses.
$120,000 between them.

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 a tick box on a contract.

Guessed

Used 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 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 lost this. $120,000 $20,000 a townhouse, on six of them — which is one eleventh of the $1,320,000 they paid for the site, taxed a second time on the way out. Neither developer did anything wrong and neither was misled. The first one was simply never shown that there was a choice, and the choice closed at settlement. The report that stops this being you costs $249.

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.

The alternatives

Three ways to answer this question.
Two of them cost you money.

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 $249
How long it takes An afternoon of worrying Days to weeks, against a settlement date Under 3 minutes
Every lawful treatment priced
Settlement withholding reconciled
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, and no calculator can do that. What this does is put the arithmetic and the questions in front of you first, so that the hour you buy from them is spent on the part only they can do.

The clock

Three dates that change what this costs you

Every one of them is in the legislation rather than in a marketing calendar. Miss one and the choice gets made for you, at a price you did not pick and cannot change back.

Settlement

The written agreement has to exist by then

Section 75-5(1A). The supply of land is made when it settles, so a contract already signed without the clause can still be fixed by a variation both parties 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

Every year, if any of it is let

Adjustment periods under Division 129 are the tax periods ending 30 June. Any new stock let since the last one is measured at this date and part of the build credits come back — then again the year after, for as many as ten years. What letting unsold stock costs.

Four years

And the GST credits are gone

Section 93-5. A credit ceases to be claimable four years after the due date of the activity statement for the period it was first attributable to, and there is no discretion to extend it. On a development that runs three years from first invoice to last settlement, the early ones are closer to the edge than anybody thinks. This is the .

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.

The report

The Property Development GST Report

The free estimate tells you roughly where you stand. This is the part that gives you the actual numbers and puts every treatment in order. Up to thirteen sections and twelve charts, on your own figures, with every working shown so you can check it, argue with it, or hand it to your accountant.

Free — tells you there is a decision

  • GST on the whole price, exactly
  • Whether the margin scheme looks open to you, and why
  • What it is worth, banded — and it is a range, not a figure
  • Every treatment named, with the whole plain English explanation of each
  • Half the steps for each one, in the order they happen

What stops the loss — $249

  • What every treatment leaves you, to the dollar
  • 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
  • The Division 129 adjustment if any of it is let, at every adjustment period
  • What five years of renting would do to the whole position
  • The same figures broken down 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 real one, free — a six townhouse development run all the way through, with the open half exactly as a customer sees it, and the assistant live on it for two questions.

How it works

Property development GST in three steps

If you can read a contract front page, 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 acquired it and where the contract stands. 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 where you stand, free

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

03

Stop the loss

$249 opens the full report: every treatment priced and ranked, the settlement reconciliation, the renting adjustment and the dated list of what has to be signed. PDF included, ready to send to your accountant.

Built on Division 75 of the GST Act

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 working shown

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

Not advice, and we say so

We are not licensed to tell you what to do, and the arithmetic is the part most developers are missing rather than the opinion. Eligibility turns on contracts only you hold.

Refunded if it does not fit

If the report does not apply to your circumstances, tell us what went wrong within 14 days and we refund you in full.

Included with the report

And if you do not follow something,
just ask it.

Every report comes with an assistant that has read your report — your price, your acquisition, your chain of title, your figures — and answers questions about it in plain English. Not a search box and not 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 proxy 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 — that produces GST credits instead.

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

  • It has 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, on a subject that is anything but 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.
  • Entirely 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 is never told 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.
  • Nothing is 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. It does not advise. 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 same line the report itself holds. Nothing here is tax advice.

Pricing

$249, against one eleventh of what you paid for the land

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.

The only thing you can lose here is the price of the pass — and you cannot lose that either. If it does not fit your situation, tell us what went wrong within 14 days and we refund you in full.

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

Questions

The questions everyone asks first

If the sale is taxable, GST is one eleventh of the price — so 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, and the margin is the price less what you paid for the property. Development costs, stamp duty and legal fees do not come off the margin.

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 acquire the whole property through a supply that was ineligible for the margin scheme. The commonest disqualifier is having bought the property as a fully taxable sale where GST was 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 disqualifies you if that seller was ineligible.

The agreement has to be made in writing on or before the day of the supply, which is settlement. Leave it out and the sale is taxed on the whole price rather than on the margin. The Commissioner can extend the time to put an agreement in writing, but has no power to apply the margin scheme where the parties never agreed that it applied — so on a development the difference is usually the whole of what you paid for the land, divided by eleven.

For a taxable sale of new residential premises or potential residential land the purchaser withholds one eleventh of the contract price and pays it straight to the ATO, or 7% of the contract price if the margin scheme applies. You must notify the purchaser 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 the period.

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 acquisition figure entirely. The margin is the sale price less what you paid for the property. What the build 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.

Residential rent is input taxed, so renting is not a creditable purpose. If you claimed GST credits on the build intending to sell, and then let the property, you have an increasing adjustment under Division 129 that repays part of those credits at the next adjustment period ending 30 June. Keeping the property genuinely on the market while it is tenanted reduces the adjustment; taking it off the market increases it. Let it for five years straight with no marketing at all and the sale stops being taxable, and every credit is repaid.

Because the arithmetic is the part most developers are missing, and arithmetic 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 the questions already framed.

The clause goes in before settlement, or it never goes in.

There is no amending it afterwards, no objecting to it, and no discretion the Commissioner can exercise where the two of you never agreed. Every other decision on a development can be revisited. This one closes on the day the transfer completes, and it closes on every lot separately. Three minutes now is the cheapest three minutes of the whole project.

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

You already know the price and what you paid for the land. That is enough to find out what this is going to cost you.

Six short steps, and you will know what this sale is taxed at — and whether it could lawfully be taxed at less

Step 1 Just started

    GST law as at .

    1 What 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 — which 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 you paid 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 — not 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 — which 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 What you spent building it

    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 — and 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 Renting it out before you sell

    The question almost nobody expects to be asked, and the one that catches the most developers. 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.

    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 it over, then we run the numbers

    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.

    What applies to this sale

    The part that decides whether you keep it

    You could lose $0

    What that figure is, on your own numbers.

    A registered tax agent, per hour $100 an hour – $500 an hour
    Getting it wrong
    This report, right now $249
    Stop it happening — unlock the full report

    You can provide a different email to use as your login - or the 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

    The only thing you can lose here is the price of the pass — and you cannot lose that either. If it does not fit your situation, tell us what went wrong within 14 days and we refund you in full.
    The only thing you can lose here is $249 — and you cannot lose that either. If it does not fit your situation, tell us what went wrong within 14 days and we refund you in full. See a sample report before you buy.

    Before you decide

    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 Medicare number, tax file number or 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 tells you which paragraph of section 75-5 closes it, what it would have been worth, and whether anything is left — an amalgamated title, a going concern route, or a request to the Commissioner for more time. That is worth knowing before settlement rather than after, and it is exactly the answer most people are here for. If the report genuinely does not fit your situation, tell us within 14 days and we refund it in full.

    What you are getting

    Total $0.00

    You can provide a different email to use as your login - or the PayPal one

    Secured by PayPal     Pay by PayPal or card     No renewals

    First, the three things nobody explains

    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 — and getting it the wrong way round overstates 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 — which for land 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.

    None of these is you.

    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 of treating this sale, and what each one leaves out of the same $4,440,000. Same property, same buyers, same settlement date — the difference is only in how the sale is taxed and what has to be in writing before it happens. Open Show Details on any of them — those panels are live on this page.

    02

    The short version

    Three numbers. Everything after this explains where they came 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 in how this property was acquired closes the margin scheme. It was bought from a seller who was not registered for GST, on or after 9 December 2008. Section 03 sets out the trail.

    03

    Can you use the margin scheme?

    Five tests, and every one of them has to pass. Four are about facts that are already fixed. The fifth is a sentence in a contract, and it is the only one anybody 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.

    A private ruling is free and it binds the Commissioner. Where the chain of title is genuinely unclear, the ATO will rule on it in writing on your own facts. It is the only way to be certain before settlement, and it costs nothing but the time to write the request.

    04

    How the margin is worked out

    The margin is the price less what you 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
    The acquisition base $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: what was paid for the property, the margin, and the GST on the margin.

    Which base applies here. 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. Section 75-14 is explicit, and it is the single most expensive misunderstanding in this whole subject. None of the following reduces the margin by a dollar:

    Out of the margin, every time

    • 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

    Most of them are claimable as GST credits instead, which is a different and much smaller thing — section 07 has those. On these figures $2,400,000 of development spend produces $218,182 of credits, where taking it off the margin instead would have been worth exactly the same $218,182 — which is why the law does not let you do both.

    05

    Every option, ranked

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

    #TreatmentGST Credits repaidWhat is left Behind the leader
    1 Keep it listed for sale while it is tenanted $283,636 $2,449 $4,153,915
    2 Margin scheme, on what you paid for the property $283,636 $65,081 $4,091,283 −$62,632
    3 Pay GST on the whole price $403,636 $65,081 $3,971,283 −$182,632
    Every treatment, drawn to scale. The longer the bar, the more is left of the sale price.
    The GST payable under each treatment, side by side.
    06

    What the buyer withholds at settlement

    Since 1 July 2018 the purchaser 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 lands on settlement day whether or not anybody told the financier.

    The buyer withholds $310,800 7% of $4,440,000, rounded down
    The GST you actually owe $283,636 under the margin scheme
    Refunded to you $27,164 when you lodge the activity statement for the period
    What is withheld at settlement, what you actually owe, and the refund between them.
    The 7% withholding against the real GST, at every acquisition cost from nothing to 60% of the sale price. They cross at 23%.

    The withheld amount is not the GST. On a margin scheme sale the purchaser withholds 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 is a cash flow event rather than a tax — but on a $4,440,000 settlement it is $310,800 that does not reach your account on the day, and a financier who was not told about it is a settlement that does not happen.

    Why 7% and not one eleventh. Under the margin scheme the purchaser cannot know your acquisition cost, so the law takes a flat 7% of the price as a proxy. It matches the real GST at exactly one point — where the acquisition is 23% of the sale price. Here it is 29.7%, which is why the withholding overshoots by $27,164.

    The notice is yours to give, and the penalty is real. Under section 14-255 you must give the purchaser a written notice before settlement stating whether they must withhold, how much, and when to pay it. Failing to give it is 100 penalty units — $36,400 at the $364 unit that applies from 1 July 2026.

    07

    The GST credits on what you spent

    The margin scheme does not touch these, and almost everybody assumes it does. Section 75-20 denies the buyer a credit for the GST in a margin scheme price. It says nothing about your credits on bricks, labour, plans, surveying, commission 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. Claimable in the activity statement period the acquisition is attributable to, and lost for good four years after that statement was due. There is no discretion to extend that, and it is the commonest way a developer loses a five figure credit without anybody doing anything wrong.

    The one credit the margin scheme really does cost you is the credit on the property itself — and you only ever had that if you bought the land as a fully taxable sale, which is precisely the case in which the margin scheme is closed to you anyway. The two can never both be on the table.

    6 more sections, and the charts in them

    • 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

    It may have been switched off by the person who sent it, or the address may have been copied incompletely. Ask them for a fresh link.

    We could not find that link

    The link may have already been used. If you are still getting emails, write to us and we will stop them by hand.

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

    GST on a development

    What makes residential premises "new"

    It is the most consequential distinction in property GST and it is decided by one section. New residential premises sold by a registered entity are fully taxable. Residential premises that are not new are input taxed — no GST on the sale, and no credits on anything bought to make it. Everything else in this subject sits on top of that one line.

    GST law as at 1 July 2026 8 min read Australia
    The section 40-75 test for new residential premises in Australia

    The test

    Section 40-75(1) makes residential premises new residential premises if they:

    • have not previously been sold as residential premises, and have not previously been the subject of a long-term lease;
    • have been created through substantial renovations of a building; or
    • have been built, or contain a building that has been built, to replace demolished premises on the same land.

    Any one of the three is enough. The first is the ordinary case for a developer: a house or apartment that has never been sold as a residence before.

    "Previously sold as residential premises"

    The phrase is doing more work than it looks. Premises stop being new on the first sale as residential premises. A sale of the vacant land before anything was built on it is not a sale of residential premises, so it does not start the clock. Neither is a sale of the development entity's shares, or a mortgagee sale of an unfinished shell.

    A long-term lease — broadly a lease of at least 50 years on substantially the same terms — counts the same way as a sale. That matters in the ACT, where residential land is held under long Crown leases, and on some retirement and community title arrangements.

    Substantial renovations

    Renovations are substantial where all, or substantially all, of a building is removed or replaced. The work can be structural or non-structural, but it has to affect the building as a whole rather than one part of it. A new kitchen and bathroom is not enough. Stripping a house back to its frame and rebuilding it usually is.

    The consequence is that a renovator selling a substantially renovated home is selling new residential premises and the sale is taxable — which surprises people who think of themselves as flipping a house rather than developing one. The margin scheme is available to them on exactly the same terms as anybody else. See substantial renovations and GST.

    One useful difference: substantially renovated premises are excluded from the GST at settlement withholding regime altogether, so nothing is withheld on the day and the seller reports and pays the GST themselves.

    Knock down and rebuild

    Premises built to replace demolished premises on the same land are new, whether or not anything was ever sold. So a knock-down-rebuild on a block that has had a house on it since 1960 produces new residential premises, and a sale of it by a registered developer is fully taxable.

    When premises stop being new

    Subsection 40-75(2) is the exception, and it is narrow. Premises are not new residential premises if, for at least five years since they became new, they have only been used for making input taxed supplies of residential rent.

    Two words carry the weight. Continuous: it has to be an unbroken five year period, although it can be any five year period between the premises becoming new and the sale. Only: the ATO's position in GSTR 2009/4 is that holding premises for sale is itself a use, so any month spent marketing them breaks the run and it starts again from zero.

    That combination is what makes the rule so hard to fall into by accident and so easy to lose by accident. A developer who lets an unsold townhouse and keeps it listed — which is precisely the thing that holds the Division 129 adjustment down — never reaches the five years. The two strategies pull in opposite directions and you cannot have both. See the five year rule.

    What "input taxed" means for the other side

    When premises are not new, the sale is input taxed under section 40-65. That means no GST on the sale — and no GST credits on anything acquired to make that sale. It is not the same as GST-free, which gives you no GST on the supply and keeps the credits.

    GST on the saleCredits on the inputs
    TaxableOne eleventh of the price, or of the marginYes
    GST-freeNoneYes
    Input taxedNoneNo

    Which is why an input taxed sale is rarely the good news it sounds like for somebody who has claimed credits on a build.

    Potential residential land is a separate category

    Vacant residential lots are not residential premises at all — there is nothing to live in. They are potential residential land: land permissible to use for residential purposes with no building on it in use for a commercial purpose.

    A sale of potential residential land by a registered developer is a taxable supply on ordinary principles, the margin scheme applies to it on the same terms, and the settlement withholding regime catches it — with one exception, which is a sale to a GST-registered buyer acquiring it for a creditable purpose. See GST on subdivided land.

    Why this decides everything else

    Work through it in order and the rest of the subject falls into place:

    • Not new, and not potential residential land? The sale is input taxed. No GST, no margin scheme question, no withholding, and no credits.
    • New? The sale is taxable, and every other question on this site applies to you.

    The commonest error is assuming a property is not new because it has been finished for a while, or because it was rented briefly. Neither of those makes premises second-hand. Only a previous sale as residential premises, a long-term lease, or five continuous years of nothing but rent does.

    New premises are taxable. Second-hand ones are not.

    Free: whether what you are selling is caught, and what the GST on it comes to. The full report prices every lawful treatment of the sale.

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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 will rule on them in writing for nothing, 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.

    We do not collect sensitive information as defined in the Privacy Act — health information, racial or ethnic origin, political or religious beliefs, sexual orientation, or criminal record. Where the calculator asks about care needs it asks about funding categories, never about a medical condition.

    3. What we collect, and why

    Information you give us

    • Account details — first and last name, email address, and optionally phone, suburb, state, postcode and your relationship to the person entering care. Used to create and secure your account and to deliver what you bought.
    • Saved reports — the figures you entered and the results produced, stored against your account only if you choose to save one. Used so you can return to and compare them.
    • Purchases — the order, amount, currency, access period and the PayPal transaction reference. Used to grant access, issue receipts and meet our tax and record keeping obligations.
    • Correspondence — what you write to us and our reply. Used to answer you and to resolve disputes.
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    Information collected automatically

    • Technical data — IP address, browser user agent, device type, screen and viewport size, and the referring page.
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    • Advertising identifiers — where you arrive from an advertisement, the click identifier appended to the link (for example Google's gclid) and any campaign parameters, so we can measure which advertising works.

    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:

    • If you ask us to email your free estimate, the headline figure that estimate produced is stored with your email address so the estimate we send you is the one you saw.
    • If you use the optional report assistant, the figures in the report you have open are sent to us and on to the service that answers it. That is the only part of this site that sends anything to a third party, and section 5 sets out exactly what does and does not travel.

    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

    • A plain-text summary of the figures in the report you have open — the amounts, categories and comparisons the report already shows you on screen.
    • The question you typed, and the questions and answers already in that conversation, so a follow-up makes sense.

    What is not sent

    • Your name. The name field on the calculator is optional and is used only on your own report cover. It is not part of what the assistant is given.
    • Your email address, your account, your phone number or your street address. The assistant is not told who you are, and is given no way to find out.
    • Your Medicare number, tax file number, tax file number, bank account number, or any government identifier, bank account or card details — we never hold these in the first place. See section 2.

    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

    • The summary of your figures is held in our server's memory for one hour so a conversation does not have to re-send it with every question, and is then discarded. It is never written to our database.
    • The conversation itself is stored in your own browser tab and is gone when you close that tab. We do not keep a copy.
    • We record that a question was asked, and how long it was, so we know whether the feature is used. We do not record what it said.

    Because the assistant is optional, you can have the entire paid report without any of the above ever happening. Nothing in the report is withheld from somebody who never opens it.

    6. Cookies and browser storage

    We use the following, and nothing else:

    • An authentication cookie — set only when you sign in, so you stay signed in. Strictly necessary.
    • A guest identifier — so a scenario saved before you register can be attached to your account when you do.
    • A session key (browser session storage) — identifies one visit for the activity data described above. It is a random value and is discarded when you close the tab.
    • A visitor key (browser local storage) — a random value kept for up to twelve months so we can tell a returning visitor from a new one. It contains no personal information and is not shared with anyone.
    • Preferences — your light or dark theme choice.

    You can clear or block these through your browser at any time. Clearing them will sign you out and reset your preferences; the site will otherwise work normally.

    7. Analytics and advertising

    We use Google Analytics and Google Ads to measure how people find and use the site and whether our advertising is worth running. Where these are enabled, Google receives your IP address, device and browser information, the pages you viewed, and — when you complete a purchase — the order reference and the amount paid. Google may set its own cookies and may combine this with data it holds from other sources. Google's handling of that data is governed by its own privacy policy, not ours.

    We do not sell your personal information, and we do not disclose it to data brokers, advertising networks other than as described above, the Australian Taxation Office, a purchaser, a lender or an adviser, or anyone who might try to sell you something.

    You can opt out of Google Analytics using Google's browser add-on, and you can adjust personalised advertising in your Google account settings.

    8. Payments

    Payments are processed by PayPal. Your card or account details are entered on PayPal's systems and are never transmitted to, seen by, or stored on our servers. We receive only the transaction reference, the amount, the status and the email address associated with the payment.

    9. Who we disclose information to

    • Service providers who host the site, send our email and process payments, and only so they can perform that function.
    • Google, as described in sections 5 and 7.
    • Professional advisers — our accountants and lawyers, under obligations of confidence.
    • A purchaser of our business, if it is ever sold, on terms that require them to honour this policy.
    • Law enforcement, courts or regulators, where we are required or authorised by law.

    10. Overseas disclosure

    Some of these providers store or process data outside Australia, principally in the United States (Google, PayPal) and, depending on our email provider, in other countries. By using the site you acknowledge that we take reasonable steps to ensure overseas recipients handle your information consistently with the APPs, but that we cannot control and are not accountable for how an overseas recipient handles it once disclosed, and that you may not be able to seek redress in that jurisdiction.

    11. Security

    The site runs entirely over HTTPS. Passwords are stored as salted PBKDF2 hashes, not as text anyone here can read. Access to the database is restricted to those who need it. No system is perfectly secure, and we cannot guarantee the security of information transmitted over the internet, but we take reasonable steps to protect it from misuse, interference, loss and unauthorised access, modification or disclosure.

    If a data breach occurs that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required by the Notifiable Data Breaches scheme.

    12. How long we keep it

    • Account and saved reports — until you delete them or ask us to.
    • Order and payment records — seven years, as required by Australian tax law. We cannot delete these earlier, even on request.
    • Activity data — up to twenty‑six months, then deleted or aggregated so it no longer identifies anyone.
    • Email leads — until you unsubscribe, then only the record needed to honour that unsubscribe.

    13. Direct marketing

    If you give us your email address for a free estimate we may follow up about the full report. Every commercial email we send identifies us and carries a functional unsubscribe link, as required by the Spam Act 2003 (Cth). We action unsubscribes immediately. You will still receive transactional email — receipts, access details and password resets — because those are not marketing.

    14. Accessing, correcting and deleting your information

    Write to support@calculatedchoices.com.au. We will:

    • give you access to the personal information we hold about you, or explain why we cannot;
    • correct anything inaccurate, out of date, incomplete, irrelevant or misleading;
    • delete your account and every scenario attached to it, subject to the retention periods in section 12.

    We will respond within 30 days and will not charge you for making a request. We may need to verify your identity first.

    15. Complaints

    If you think we have breached the APPs, write to support@calculatedchoices.com.au with "Privacy complaint" in the subject line. We will acknowledge within 5 business days and respond substantively within 30 days.

    If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner: oaic.gov.au, 1300 363 992, or GPO Box 5288, Sydney NSW 2001.

    16. Children

    The site is intended for property developers, builders, landowners and their advisers selling new residential premises or subdivided residential land in Australia. It is not directed at children and we do not knowingly collect personal information from anyone under 18.

    17. Changes to this policy

    We may update this policy. The effective date at the top changes when we do. Where a change is material we will tell you by email or by notice on the site before it takes effect. Continuing to use the site after that means you accept the updated policy.

    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.

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    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;
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    • 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.

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    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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