Flat Chat Strata Forum Living in strata GST Current Page

#22394

I might refer to the link here https://www.ato.gov.au/Business/Bus/Property-and-Construction-Industry-Partnership—issues-register—section-01—bodies-corporate-owners-corporations-and-strata-managers/? page=6#1.1.3_Do_bodies_corporate_make_taxable_supplies? where the ATO considers that Owners Corporations make taxable supplies for which admin and sinking fund levies are payable by the individual owners.

The definition of GST turnover in the GST Act includes all taxable and GST-free supplies made by the entity.  Hence – if levies raised by an Owners Corporation exceeds AUD75,000 in any 12 month period, there is an obligation for the OC to register for GST and charge GST on their levies.

Not the ideal outcome as I personally think that it creates an unnecessary GST burden on OCs.  In other jurisdictions, particularly in Europe, they are carved out of their VAT law.

I looked at this issue a few years ago when our Owners Corporation was first incorporated and I noticed that our strata manager had registered us for GST. I had a particular interest as in my day job, I work as a senior GST lawyer in a top tier accounting firm.  (However – please do not take this as the provision of tax or legal advice.)

It would be definitely be beneficial if the ATO could issue a simple fact sheet for strata organisations, especially given that many strata bodies do not have expertise in this area.