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Edited version of private ruling
Authorisation Number: 1011722280538
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Ruling
Subject: GST and rights
Question 1
Has X made a supply by entering into an obligation to grant the right to charge and retain fees on the project once it was completed (right to charge) to Y?
Answer
Yes.
Question 2
Is the supply made by X to Y of entering into an obligation to grant the right to charge outside the scope of GST?
Answer
Yes.
Question 3
From Date1 has X made a taxable supply of a right to charge to Y?
Answer
Yes.
Question 4
From Date 2, has X made a taxable supply by way of a lease of the relevant land to Y?
Answer
Yes. X has made a taxable supply be way of a lease from Date 2.
Question 5
From Date 2, has X made a taxable supply of an interest in the land by way of a licence to Y?
Answer
Yes. X has made a taxable supply of the interest in the land by way of a licence from Date 2.
Question 6
If any supply made by X under the agreement is subject to GST, is X only required to issue a tax invoice(s) specifying an amount of GST to the extent X is liable to remit said GST to the Australian Taxation Office (ATO) pursuant to subsection 29-50 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) and subsection 105-50(1) of the Taxation Administration Act 1953 (TAA)?
Answer
Yes.
Question 7
Has X made a creditable acquisition from Y of certain services relating to the completion of the project?
Answer
No.
Question 8
Has X made a creditable acquisition from Y of certain services relating to operation of the project?
Answer
No.
Question 9
Will X be making a creditable acquisition when Y surrenders the project at the end of the term of the agreement?
Answer
No.