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Partho(Initiate)Initiate
30 July 2021

The Commercial Property is rented out through estate agent. Estate agent charges tenant the rent (say $1,000) and GST $100. Estate agent remits $100 GST to ATO. Tenant should be able to claim back $100 GST if registered for GST. Estate agent pays landlord full $1,100 he has collected from tenant (ignoring Agent's commission), and issues Tax Invoice to Landlord stating Rental Income $1,100 and, in brackets, 'GST paid $100'.

Does landlord have any GST obligations in relation to the rental income given that the estate agent has already dealt with it on his behalf, i.e. is landlord liable to pay $100 to the ATO as GST? Seems this would be double payment. If Landlord not liable for the GST, is his taxable income $1,000, even though he has received $1,100 from agent?

It does seem Estate Agent is out of pocket by $100 which seems strange but we do not have full visibility of his transactions.

4,050 views
5 replies
4,050 views
5 replies

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Most helpful reply

AriATO(Community Support)Community Support
2 Aug 2021

Hi @Partho

The real estate is collecting the rent for the landlord so the landlord is responsible for remitting GST to us that their tenant pays. If the real estate agent is sending the GST to us on the landlords behalf then they pass on $1000 to the landlord which is what they'd have left if they sent the GST to us themselves. The landlords income should be $1000.

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is landlord or real estate agent liable to pay GST in relation to rental of commercial property? | ATO Community