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  • Property and Construction Industry Partnership – issues register – section 01 – bodies corporate/owners corporations and strata managers

    For GST, Luxury Car Tax and Wine Equalisation Tax purposes, from 1 July 2015, where the term ‘Australia’ is used in this document, it is referring to the ‘indirect tax zone’ as defined in subsection 195-1 of the GST Act.

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    (a) added, (u) updated, (w) withdrawn

    Issue Number Index Date

    1

    Bodies corporate/owners corporations and strata managers

    1.1

    GST administration

    1.1.1

    Are bodies corporate required to register for GST?

    16/06/2001 (u)

    1.1.2

    Are the supplies made by a body corporate in connection with an enterprise?

    03/12/2003 (u)

    1.1.3

    Do bodies corporate make taxable supplies?

    09/04/2001

    1.1.4

    Consequences of registration or non-registration and members' possible entitlements to input tax credits

    09/04/2001

    1.1.5

    Are bodies corporate non-profit bodies for the purpose of the registration turnover threshold, as provided for in section 23-15 of the GST Act?

    29/07/2009 (u)

    1.1.6

    How does a body corporate calculate the GST on taxable supplies?

    09/04/2001

    1.1.7

    Is registration mandatory where there is a mixed strata title scheme (commercial and residential)?

    29/07/2009 (u)

    1.2

    Transitional issues

    1.2.1

    What is the GST treatment of body corporate levies with respect to administration and sinking funds over the transition period?

    03/12/2003 (u)

    1.2.2

    How are levy arrears attributable to a period ending before 1 July 2000 treated?

    09/04/2001

    1.3

    Australian business number (ABN)

    1.3.1

    What are the ATO charges associated with registering for an ABN and GST and lodging business activity statements (BASs)?

    03/12/2003 (w)

    1.3.2

    When making an application for an ABN, is it necessary to provide the tax file number (TFN) of the strata manager as the Public Officer? Can this be avoided?

    03/12/2003 (w)

    1.3.3

    Can a body corporate obtain an ABN without registering for GST purposes?

    03/12/2003 (w)

    1.3.4

    Can I make an application electronically for an ABN?

    03/12/2003 (w)

    1.4

    Business activity statement (BAS)

    1.4.1

    How frequently will GST returns be required?

    03/12/2003 (w)

    1.4.2

    Must an entity reporting under a substituted accounting period remit the BAS monthly instead of quarterly? Is there a method to vary this?

    03/12/2003 (w)

    1.4.3

    Can a strata management agent prepare and lodge a BAS on behalf of a body corporate? Do they need to be registered tax agents?

    03/12/2003 (w)

    1.5

    Tax invoices

    1.5.1

    What is the format and check list for a tax invoice?

    03/12/2003 (w)

    1.5.2

    Are invoices for amounts of $75 or less considered to be inclusive or exclusive of the GST?

    03/12/2003 (w)

    1.5.3

    When must a supplier issue a tax invoice?

    03/12/2003 (w)

    1.5.4

    Can a tax invoice be combined with a receipt?

    03/12/2003 (w)

    1.6

    Record keeping

    1.6.1

    What are the record keeping requirements for a body corporate?

    03/12/2003 (w)

    1.7

    Pay as you go (PAYG) issues

    1.7.1

    Is there any way of paying owners who do cleaning etc. who do not have an ABN or an invoice over $75.00 without having to deduct 46.5%? Can a payment be made by petty cash through the treasurer? If the answer is 'no', is there any sample letter which can be issued advising 'no ABN - no payment'?

    03/12/2003 (w)

    1.7.2

    Will a company which owns a strata unit be required to withhold 46.5% of levies payable to a body corporate which does not quote an ABN?

    03/12/2003 (w)

    1.7.3

    Is a body corporate with an ABN which is not registered for the GST required to withhold 46.5% on invoices under $75.00?

    03/12/2003 (w)

    1.7.4

    What is the position regarding invoices submitted to a body corporate by a supplier who does not quote an ABN?

    03/12/2003 (w)

    1.7.5

    What are the PAYG implications of an unregistered body corporate with no ABN which deals with a supplier with no ABN?

    03/12/2003 (w)

    1.7.6

    Does a body corporate have to withhold 46.5% and remit this to the ATO by way of the BAS in every situation?

    03/12/2003 (w)

    1.8

    Miscellaneous

    1.8.1

    Is it the manager's responsibility to claim input tax credits on behalf of the body corporate or do the owners claim their own?

    09/04/2001

    1.8.2

    What is the GST position when a body corporate pays an honorarium to an office holder?

    09/04/2001

    1.8.3

    What are the GST implications if an owner of a strata unit is reimbursed for purchases made on behalf of the body corporate, and GST was included in the price of the purchases?

    03/12/2003 (u)

    1.8.4

    Is a nominal amount (for example, $2 per week for car parking) charged by a body corporate subject to the GST?

    03/12/2003 (u)

    1.8.5

    What is the GST impact on a key security deposit payment?

    03/12/2003 (u)

    1.8.6

    Is a body corporate liable for GST on the provision of inspection and certification services pursuant to the Strata Scheme Management Act 1996 (NSW) or comparable state or territory legislation?

    03/12/2003 (u)

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      Last modified: 05 Aug 2016QC 16473