Issue number
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Index
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Date
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10
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Leased or rented property
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–
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10.1
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Rulings on GST-free supplies under existing agreements
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09/04/01
|
10.2
|
Transitional and general issues
|
–
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10.2.1
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Are supplies of commercial premises by way of lease subject to GST?
|
21/01/04 (w)
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10.2.2
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Does a ‘rates and taxes’ clause under a long term lease give rise to a ‘review opportunity’?
|
21/01/04 (w)
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10.2.3
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Does an ’option to renew’ clause amount to a review opportunity and does the exercise of the option to renew result in the parties entering into a new lease?
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21/01/04 (w)
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10.2.4
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Does a clause which calculates rent based upon the turnover of the lessee's business amount to a review opportunity?
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21/01/04 (w)
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10.2.5
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Will a valuer, asked to conduct a rent review under a lease agreement on or after 8 July 1999, include an uplift for GST or take GST into account directly or indirectly in fixing the value?
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21/01/04 (w)
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10.2.6
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Is a market rent review a review opportunity?
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21/01/04 (w)
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10.2.7
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It may be necessary to establish whether the recipient of the supply is entitled to claim full input tax credits. Will a declaration made by the recipient of the supply be sufficient to satisfy this requirement?
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21/01/04 (w)
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10.2.8
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Can a lessee claim input tax credits for lease payments made on or after 1 July 2005, where all of the requirements in section 13 of the Transition Act have been satisfied?
|
21/01/04 (w)
|
10.2.9
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Can landlords claim input tax credits for the GST included in the price of building expenses?
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21/01/04 (w)
|
10.3
|
General
|
–
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10.3.1
|
Is GST payable on the supply of commercial premises by way of lease where the lease:
- is silent on GST?
- payments can be grossed up?
- was entered into before 1 July 2000 and a fixed contract price is stated?
|
21/01/04 (w)
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10.3.2
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When is GST payable on the supply of commercial premises by way of lease where the lease explicitly states that GST is recoverable?
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21/01/04 (w)
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10.3.3
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Is the supply of a rent free period subject to GST?
|
09/04/01
|
10.3.4
|
Is a lease of commercial property a taxable supply if the lease is supplied to the Commonwealth or a Commonwealth entity?
|
21/01/04 (u)
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10.3.5
|
An investor, who is registered for GST, purchases new residential premises from a builder who is also registered for GST. The house has all the usual physical characteristics to enable it to be used for residential accommodation. The investor then supplies the house by way of lease to the builder who intends to use it as a display home.
(1) Is the investor entitled to claim an input tax credit in relation to his purchase of the house from the builder?
(2) Is the supply of the house by the investor to the builder by way of lease an input taxed supply, or a taxable supply?
|
01/03/02 (a)
19/12/2012 (w)
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10.4
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Examples
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–
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10.4.1
|
Entity A, who is not required to be registered for GST, intends to buy a shop to lease to another entity.
(a) Is the lease of the shop a taxable supply?
(b) If the shop is sold with the lease intact, is the sale a taxable supply?
|
21/01/04 (u)
|
10.4.2
|
Entity B buys a shop to carry on a business (its only enterprise). Entity B is registered for GST, and claims an input tax credit for the purchase of the shop. It later sells the shop for $200,000.
(a) What are the GST implications if, six months before the shop is sold, the business ceases trading?
(b) If the shop is sold together with the business, is the sale a taxable supply?
|
21/01/04 (u)
|
10.4.3
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Entity C buys a shopping centre containing a number of shops from which it derives commercial rents. If entity sells the shopping centre, is the sale a taxable supply?
|
21/01/04 (u)
|
10.4.4
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Entity D buys a shop with the intention of resale for a profit, but leases it out for about 6 months before selling it. Entity D has no other enterprise and is not required to be GST registered for the lease of the shop as the annual rent is less than $75,000. Is the sale of the shop a taxable supply when it is sold for $200,000?
|
21/01/04 (u)
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10.4.5
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Is a refundable rental bond paid by a lessee of commercial premises consideration for a taxable supply made by the lessor if it is a security deposit for the lessee to perform all its obligations under the lease?
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18/10/02(a)
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10.5
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Long term leases
|
|
10.5.1
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If a supplier, who holds a freehold interest in land, supplies that land by way of lease to a lessee, is it possible for the lease to be a long term lease for the purposes of the GST Act?
|
05/06/01(a)
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