Disclaimer
This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Pursuant the other agreement, the customer will hold the goods as bailee until all payments are made upon completion of the term of the Agreement.

Pursuant to the Agreement, at the end of the term of the Agreement, and provided the particular amount has been reached, ownership in the Capital Equipment passes to the Customer.

Nature of the supply of the Capital equipment

Supply is made for a period; the consideration is provided on a periodic basis

Lease, hire or similar arrangement

Hire

Similar Arrangement

Hire Purchase Agreement

It is also our view that the supply of the Capital equipment under the Agreement is a supply under a ‘hire purchase agreement’ (as defined in section 995-1 Income Tax Assessment Act 1997 (ITAA) for the purpose of section 156-23 of the GST Act, and therefore should not be treated as being made on a periodic basis in accordance with this provision.


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