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  • Profile photo of spierreyoungspierreyoung
    Member
    @spierreyoung
    Join Date: 2007
    Post Count: 14

    Hi

    my family trust has a corporate trustee, which owns a residential property with a tenant.

    the family trust has ABN but is not registered for GST.

    am thinking of purchasing a commercial property using the family trust and its corporate trustee.

    thinking of registering the family trust for GST. 

    Q: if the family trust is registered for GST, does it mean that 1/11 of the rent collected from the residential property has to be paid to the tax man as GST?

    thanks in advance

    P

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    There is no GST on residential property rents.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    I’m not 100% certain here Terry.
    Although there is no gst on residential property per se, it is irritation input taxed which is then claimable.

    I am aware of one person who has a similar property to one of mine but is a corporate owner registered for gst, he can claim input credits but we must rent out at the same price. So we are treated differently for tax purposes.

    You may need a 3rd opinion.

    Profile photo of spierreyoungspierreyoung
    Member
    @spierreyoung
    Join Date: 2007
    Post Count: 14

    Thanks Scott and Terry, it seems that the answer is no.

    See below link from the ATO:
    http://www.ato.gov.au/businesses/content.aspx?menuid=0&doc=/content/00221985.htm&page=10&H10

    Profile photo of Dan42Dan42
    Member
    @dan42
    Join Date: 2008
    Post Count: 619
    Scott No Mates wrote:
    I am aware of one person who has a similar property to one of mine but is a corporate owner registered for gst, he can claim input credits but we must rent out at the same price. So we are treated differently for tax purposes. You may need a 3rd opinion.

    Residential rent is input taxed, which means that no input tax credits are paid on rent received, but no GST can be claimed on expenses related to the residential rental income.

    eg – Management fees and repairs would most probably have a GST component, but no claim can be made for these GST credits as the expenses relate to residential rent, which is input taxed for GST.

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