GST when Purchasing a Marina Berth

I'm due to settle on a brand new Marina Berth around July 2013, purchased direct from the developer to be used as an investment. I have a meeting with my accountant next month, but in the mean time thought I would seek some advice in preparation in determining the best way to structure the purchase.

I can either buy it in a company name, that I am registered for GST or a personal name/trust.

I have a few questions + also looking for pros and cons depending on which structure I use.

The contract purchase price states inclusive of GST with an item in the terms clearly stating that "the pruchase price specified in the schedule to the contract is inclusive of (does include) GST", then goes on to say "any GST incurred by the vendor in respect of supply under this contract will be paid seperately by the vendor and will not be passed on to the purchaser". The contract doesn't mention anything about the margin scheme, i assume this is because it states GST is inclusive.

This is confusing to me as the ATO define a Marina Berth to be Commercial property, which as I understand, should be PRICE + GST. I was considering purchasing the Berth under my Company which is registered for GST, then I could have 1/11th of the purchase price returned when I do my BAS, then obviously would have to charge GST on the rent.

However if I can't recoup the GST, then I see no benefit in putting in a company name.

Note: The total annual income will be approximately $6,000

Any recommendations or advice will be helpful so I can get my head around it before meeting with the accountant.
 
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"any GST incurred by the vendor in respect of supply under this contract will be paid separately by the vendor and will not be passed on to the purchaser".

Sounds like a strange sentence and a case of stating the bleeding obvious.

The sale proceeds include GST in the price and the purchaser recovers the GST from the ATO (if relevant). The vendor receives the proceeds including GST and passes the GST onto the ATO.

I think Terry is a lawyer so he might be able to explain how they think:p.
 
Sounds like a strange sentence and a case of stating the bleeding obvious.

The sale proceeds include GST in the price and the purchaser recovers the GST from the ATO (if relevant). The vendor receives the proceeds including GST and passes the GST onto the ATO.

I think Terry is a lawyer so he might be able to explain how they think:p.

Often there are special conditions which try to make the purchaser liable for the GST. This may be just a case of emphasising that GST is included. Even though I am smarter than the average mortgage broker I don't know really :rolleyes:
 
So in this case the total purchase price is inclusive of GST, then if i purchase the Berth through my company that is registered for GST, I can recover 1/11th back from the ATO.

So then if I understand correctly. The reason this statement "any GST incurred by the vendor in respect of supply under this contract will be paid separately by the vendor and will not be passed on to the purchaser". was inserted, is to protect the purchaser from being charged Total Purchase Price + GST (essentially the total purchase price is the price) however should the purchaser be registered for GST, they can recover the GST.
 
Don't assume things, best to get legal advice. Just because the purchaser is registered for GST doesn't automatically mean that GST is able to be claimed back. You will probably need a tax invoice for starters.
 
Don't assume things, best to get legal advice. Just because the purchaser is registered for GST doesn't automatically mean that GST is able to be claimed back. You will probably need a tax invoice for starters.

Thank you Terry, Aaron & Gary for the help on this so far.

I am scheduled to get advice next month on it, I just wanted to try to get my head around my options prior to next months meetings.

It does mention in the contract that an invoice can be provided on settlement.
 
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