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Re: COVID 19 Legislation

Newbie

Views 152

Replies 3

Dear Sir/ Madam,

 

We are writing this question regarding COVID 19 legislation for landlord and GST inquiry if they failed to give one.

 

Firstly, we are sorry for this long story. We will summary in some key points:

 

  • We were impacted tenant under COVID 19 Mandatory Code of Conduct and we tried to stay until the end of of lease until 21st July 2020. Before COVID outbreak, we have never paid any late rent. We tried to negotiate the relief with the landlord, there was an agreement, however, the landlord turned out and changed his mind. Eventually, there was no rent relief for the last 4 months of our lease from 21st April 2020 to 21 July 2020. We were unable to pay the rent for that 4 months due to the COVID restriction and we were completely closed. 
  • We went through Small Business Commissioner Mediation then to the Tribunal until now. The Tribunal confirmed that we were impacted tenant, but there is no obligation for landlord to give any relief, plus the landlord withdrew our bank guarantee to offset the rent in August 2020. It was confirm by the landlord and Tribunal finding. Additionally, the landlord chose to appoint a lawyer to represent him so we cannot afford to pay for significant legal fees due to this current lockdown. 
  • We gave the landlord so many questions concerning whether he pay GST on the rent collecting from us for the last 5 years during the Tribunal hearing. But he refused to answer. We believe if the landlord paid the GST to ATO for 5 years, he should qualify for JobKeeper and land tax relief when he gave relief to the tenant. Our concern is it is not fair for everyone if the landlord receives benefits from the government, at the same time, he took the full rent which did not affact from COVID outbreak.
  • With a heavy heart, we chose end this issue and pay the full 4 month rent to avoid the big legal costs and focus on our business during this difficult time.
  • We pay the rent amount to the landlord. Then we requested the landlord to give us the tax invoice for this rent amount plus the bank guarantee for the full 4 months rent so we can submit to claim GST. After multiple attempts, the landlord refused to give a tax invoice of over $40,000 for 4 months rent period of April, 2020 to July, 2020.

We are looking for your advice of how can we get this tax invoice. This property was managed by a real estate agent until the landlord sacked him in April, 2020 in order to avoid the lease relief proposal acceptant of 50% discount and 50% defers.

 

We are looking forward to your response and again we are sorry for this complicated situation.

 

Thank you and best regards,

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

ATO Community Support

Replies 1

Hello @dvn8888

 

Thanks for sharing your story. I'm sorry to hear that you've had a difficult time Smiley Sad

 

If you requested a tax invoice, they should've provided one within 28 days, but it becomes a civil matter if they won't provide one.

 

If you need a tax invoice so you can claim GST credits, you can email us at GSTmail@ato.gov.au and ask permission to use a different document as a tax invoice.

 

You can also make a tip-off if you want to report the landlord for doing the wrong thing. But have a look at the information around GST on commercial premises first.

 

I wish you all best during these difficult times.

3 REPLIES 3

Devotee

Replies 0

I'm sorry I don't have an answer for you, but I just wanted to acknowledge what an incredibly difficult time it sounds like you've had through covid. I wish you all the best getting a speedy resolution to this and getting your business safely through covid. 

Hope you get an answer quickly. 

Most helpful response

ATO Community Support

Replies 1

Hello @dvn8888

 

Thanks for sharing your story. I'm sorry to hear that you've had a difficult time Smiley Sad

 

If you requested a tax invoice, they should've provided one within 28 days, but it becomes a civil matter if they won't provide one.

 

If you need a tax invoice so you can claim GST credits, you can email us at GSTmail@ato.gov.au and ask permission to use a different document as a tax invoice.

 

You can also make a tip-off if you want to report the landlord for doing the wrong thing. But have a look at the information around GST on commercial premises first.

 

I wish you all best during these difficult times.

Newbie

Replies 0

Dear Sir,

 

Thank you so much for your response. 

 

GST claim is the only concern we look at this stage.

 

We hope all businesses especially in NSW will togther overcome this difficult times!

 

Best regards,