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Edited version of private ruling
Authorisation Number: 1011809246545
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Ruling
Subject: Goods and services tax and annual ownership costs
The rulee asked the following questions and the Commissioner has ruled on each of the specific questions.
Question 1
Are annual ownership costs paid to Entity A by the Product owners in Facility 1 owned by the Entity A consideration for a supply made by Entity A?
Answer
Yes, annual ownership costs paid Entity A by the Product owners in Facility 1 owned by the Entity A are consideration for a supply made by Entity A.
Question 2
If the answer to Question 1 is yes, is the supply taxable or input taxed?
Answer
The supply is input taxed.
Question 3
Are the annual ownership costs paid to Entity A by the Product owners in Facility 2 owned by Entity C consideration for a supply made by Entity A?
Answer
No, the annual ownership costs paid to Entity A by the Product owners in Facility 2 owned by Entity C are consideration for a supply made by Entity C.
Question 4
If the answer to Question 3 is yes, is the supply taxable or input taxed?
Answer
The supply is input taxed.
Question 5
If the answer to either Question 1 or 3 is no, has GST been incorrectly paid and hence overpaid by Entity A?
Answer
Yes, GST has been incorrectly paid and hence overpaid by Entity A.