GST – Just in case

My spouse and I are planning to build two townhouses at the rear of our property, keeping the existing house. We will own the properties as joint tenants, as we do our existing property. Our intention at this stage is to keep both of these properties and rent them out. However, our ability to service the loans may be borderline and there is a chance, depending on interest rates and rents in 18 months time when we anticipate completion, that we might have to sell one.

I have read the Ban Tacs publication and sought advice from an accountant that is also an experienced property developer and both indicate that we would not be subject to GST on the sale, as we are not in the business of selling houses. However, the more I read about it (for instance a recent article from Momentum Wealth), the less sure I am that GST will not be payable.

Is it sufficient for us to just record GST payments we make during the development and if subsequently deemed to be subject to GST on or after selling, register for the GST then so that we can claim back GST paid? Or do we need to register for the GST now, even though it may turn out not to be an issue, to be on the safe side?

Secondly, if we need to register, is this done in both our names or are we individually to register?

Finally, if we are forced to sell, but rather than sell one of the new units we sell our existing house which is our PPOR (moving to one of the new units) can it categorically be stated that GST will not be applicable on that sale.