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David1971(Initiate)Initiate
7 May 2024

I am inquiring regarding GST treatment for the following proposed transaction/s:


a.       Licensor had operated a business of supplying fitted out transportable buildings for use on residential premises as residences;

b.      The Licensee has agreed to license that business from the Licensor for payment of a License Fee;

c.       Ownership of existing transportable buildings and the business remain with the Licensor. Payment of the License Fee does not constitute the purchase of the business of the Licensor.

d.      No GST is paid on the rental of the buildings by the business in accordance with GST 2012/5.


In the circumstances:


1.       Is GST applicable to the License Fee?

2.       If so, is the Licensee entitled to a credit for GST paid or is it part of the input taxed supply of transportable buildings?

3,488 views
1 replies
3,488 views
1 replies

Most helpful response

Most helpful replyATO Certified Response

CaroATO(Community Support)Community Support
ATO Certified Response13 May 2024

Hi @David1971,


  1. Yes, the license fee is a taxable supply
  2. Sure can, if they're registered for GST, they can claim the credits.

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GST treatment on license fee to operate business supplying transportable residential buildings | ATO Community