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WilliamHu(Champion)Champion
7 Dec 2021

Hi,


As per QC16282, all components of a hire purchase agreement entered into on or after 1 July 2012 are subject to GST, the taxpayer can claim one-eleventh of all components, including the credit component and any associated fees and charges that have been subject to GST under the agreement. The example in QC16282 is below:


Example: hire purchase agreement entered into on or after 1 July 2012

Continuing the example above, Albert decides to buy a second freezer on hire purchase from Friendly, on the same terms as above, on 20 July 2012.

Because the agreement is entered into after 1 July 2012, both the principal and interest component of the supply are subject to GST.

The freezer is delivered on 7 August 2012 and Friendly notifies Albert that the principal component of the first instalment is $550. This means the credit component of the first instalment is $120.

Albert can claim a GST credit for the GST included in both the price of the freezer and the interest charged. As the agreement was after 1 July 2012, the interest is not a financial supply (even though it is separately disclosed).

Whether Albert accounts for GST on a cash or non-cash basis, he can claim a GST credit of $3,654.54 (one-eleventh of $40,200) for the tax period ending 30 September 2012, as this is the period in which he pays the first instalment.


I want to confirm if a Chattel mortgage, instead of hire purchase agreement is entered after 1 Jul 2012 in above example with the same term, will the GST implication be the same? So the taxpayer can claim $3,654.54 (one-eleventh of $40,200) up front? Or, the taxpayer can only claim $3,000 (one-eleventh of $33,000, the price of the freezer) as the interest component is not subject to GST in Chattel mortgage, which differs to hire purchase?

8,298 views
4 replies
8,298 views
4 replies

Most helpful response

Most helpful replyATO Certified Response

BlakeATO(Community Support)Community Support
ATO Certified Response9 Dec 2021

Hi @WilliamHu


A Chattel mortgage is a secured loan, not a hire purchase. The asset purchased in a chattel mortgage belongs to the business, not the lender. They claim the full GST upfront, not as their instalments are paid on the loan.


The chattel mortgage is an input taxed financial supply. This means there is no GST on it.


This means they can only claim GST on the freezer they purchase, not the interest or loan costs. In your example, that's $3,000, not $3,654.54.


You can read about how a chattel mortgage arrangement differs from a hire purchase agreement on our website.

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Most helpful replyATO Certified Response

BlakeATO(Community Support)Community Support
ATO Certified Response9 Dec 2021

Hi @WilliamHu


A Chattel mortgage is a secured loan, not a hire purchase. The asset purchased in a chattel mortgage belongs to the business, not the lender. They claim the full GST upfront, not as their instalments are paid on the loan.


The chattel mortgage is an input taxed financial supply. This means there is no GST on it.


This means they can only claim GST on the freezer they purchase, not the interest or loan costs. In your example, that's $3,000, not $3,654.54.


You can read about how a chattel mortgage arrangement differs from a hire purchase agreement on our website.

WilliamHu(Champion)Champion
9 Dec 2021

@BlakeATO

Hi,

I check other posts in this forum and find in another link below, the gst credits can be claimed from interest component. Can you please check this out? Thanks!

https://community.ato.gov.au/s/question/a0J9s0000001GQGEA2/p00039430

SK51(I'm new)I'm new
11 Mar 2024

@BlakeATO

Might be good to note here too that some fees and charges of the loan repayment may be subject to GST, such as account keeping fees paid each month as part of the loan repayment, so that can be separated from the monthly repayment and the GST claimed if applicable to your loan situation. This might seem obvious to some, but just in case it's not, thought I'd mention :)

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GST on Chattel mortgage | ATO Community