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11 Jul 06 No GST review opportunity under lease - Westley v Coles

The Full Federal Court (Ryan, Heerey and Edmonds JJ) has held that there had not, after the introduction of GST, been an opportunity for a general review of the consideration for the supply under a lease (entered into before the introduction of the GST) within the meaning of s 13(2) of the GST Transition Act, in circumstances where only the base rent was reviewable, and the other elements of the rent, including the lessee's contribution to lessor's outgoings, were not reviewable. Thus GST was not payable by the lessor, and no input tax credits were available to the lessee.

On a preliminary issue, the Court also held that there had been a relevant supply by the current lessor to the lessee when the current lessor purchased the land the subject of the lease from the original lessor: Coles Supermarkets Pty Ltd v Westley Nominees Pty Ltd [2005] FCA 839 (Full Federal Court; Ryan, Heerey and Edmonds JJ; 22 June 2005).

For a copy of the decision, go here

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