How should levies be treated for periods spanning 1-7-00 for which no provision for the Goods and Services Tax (GST) has been included in the budget?
ATO Position The supply made by the Body Corporate/Owners’ Corporation is a right as they have entered into an obligation and this has created a corresponding right which the members of the Body Corporate/Owners’ Corporation are able to exercise. Payment of the levy entitles the owners to have the property maintained for a period and therefore the right is taken to be uniform over the period. A levy notice issued for a period which spans the implementation period, must be apportioned uniformly throughout the period and GST remitted to on the portion that is attributable to post 1 July 2000. There is no provision in the legislation placing an obligation upon the owners to reimburse the Body Corporate/Owners’ Corporation for the GST which they must remit. Recovery of the GST which must be paid is determinant on the powers granted under the State or Territorial legislation regulating the Body Corporate/Owners Corporation.
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