GST and Trust

Discussion in 'Accounting & Tax' started by DaveA__, 15th May, 2007.

Join Australia's most dynamic and respected property investment community
  1. DaveA__

    DaveA__ Well-Known Member

    Joined:
    1st Jul, 2015
    Posts:
    580
    Location:
    Sydney, NSW
    if your trust pays for expenses and is GST registored, are you able to claim the gst credits back from the ato?

    If it was a normal business i think it would be no problem, however in a trust you are not actually getting any gst income (as credits would usually offset the amount payable to the ato), so in affect you would actually be claiming a refund every quarter.

    id imagine the ATO wouldnt like this happening but is it legal???
     
  2. Simon Hampel

    Simon Hampel Founder Staff Member

    Joined:
    3rd Jun, 2015
    Posts:
    12,414
    Location:
    Sydney
    Your trust wouldn't need to be registered for GST - most investments and financial supplies are input taxed.

    Unless you were trading a business through your trust:

    eg: My_Company_Trustee_P/L As Trustee For My_Trust Trading As My_Business

    ... but that's really not a good idea.

    Nice thinking - but I don't think it's something that will work.
     
  3. DaveA__

    DaveA__ Well-Known Member

    Joined:
    1st Jul, 2015
    Posts:
    580
    Location:
    Sydney, NSW
    yep just trying to think outside the square...

    id imagine that maybe utility bills and say services such as pest and buildings, buyers agents and even repairs are not input tax, so would you think they could be claimed,

    or do you have to be a trading business to trade back gst credits? is that the distinction your making?
     
  4. Simon Hampel

    Simon Hampel Founder Staff Member

    Joined:
    3rd Jun, 2015
    Posts:
    12,414
    Location:
    Sydney
    I think that's it ... I'd have to get Nick to confirm.
     
  5. NickM

    NickM Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    299
    Location:
    Sydney
    If you own say a commercial property in a trust and income > $50K ( soon to be $75K) you cana register for GST. If you pay accouting fees on credit card then your trust can reimburse you and claim back the GST
    Nickm
     
  6. DaveA__

    DaveA__ Well-Known Member

    Joined:
    1st Jul, 2015
    Posts:
    580
    Location:
    Sydney, NSW
    i thought you could opt even if it was under it to register for GST as a business?? so could you opt even if it wasnt meeting the income??

    or does it have to be commercial and atleast $50k, so you couldnt do it with residential property...

    what would happen say if it was a share trust which only traded the shares, it couldnt meet the test of 50k so what would happen then...
     
  7. bundy1964

    bundy1964 Well-Known Member

    Joined:
    1st Jul, 2015
    Posts:
    345
    Location:
    Adelaide, SA
    I know I opted in with GST for my commercial stuff, resi is input taxed wether your have GST reg or not. GST on share trades there is a formula or was to work it out on the ATO site it wasn't worth the hassel imho.
     
  8. NickM

    NickM Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    299
    Location:
    Sydney
    You can opt to register if the business income is under $50K
    Bundy is right with the shares - 75% is claimable.
    you would only do it if you were buying a comm property from a GST registered person
    NIckm
     

Not all tax advisers are property focussed specialists and DIY errors will always cost you. We know property taxes and will advise and get it right. Even a second opinion. Contact us for an obligation free initial consult (conditions apply).