GST issues registers

Retirement villages industry partnership

This issues register, originally published on our main website, provides guidance on issues identified during past consultation with industry participants.

Issues in this register that are a public ruling can now be found in the Public Rulings section of this Legal Database.

Issues in this register that have not been labelled as public rulings, constitute written guidance. We are committed to providing you with accurate, consistent and clear information to help you understand your rights and entitlements and meet your obligations.

If you follow our information on these issues and it turns out to be incorrect, or it is misleading and you make a mistake as a result, we must still apply the law correctly. If that means you owe us money, we must ask you to pay it but we will not charge you a penalty. Also, if you acted reasonably and in good faith we will not charge you interest. If correcting the mistake means we owe you money, we will pay it to you. We will also pay you any interest you are entitled to.

If you feel that the guidance in this issues register does not fully cover your circumstances, or you are unsure how it applies to you, you can seek further assistance from us.

Retirement Villages Industry Partnership - Green Acres - example A

The application of GST to the operations of a retirement village - input taxed and taxable supplies

This is an example of a method that may help you to determine the extent of creditable purpose of your acquisitions for the purpose of claiming input tax credits.

You will have to review your methodology if the application of creditable purpose differs from the extent of your intended or planned use.

For source of ATO view, refer to paragraphs 142 to 153 of GSTR 2006/4 - Goods and services tax: determining the extent of creditable purpose for claiming input tax credits and for making adjustments for changes in extent of creditable purpose.

Example - Green Acres

Step 1 Work out the budget for the year.
Step 2 Allocation of direct expenses.
Step 3 Determine which direct expenses are input taxed.
Step 4 Determine which direct expenses are taxable supplies. Calculate the input tax credit available to you.
Step 5 The indirect expenses now have to be apportioned between the input taxed and the taxable supplies in order to determine the input tax credit that can be claimed.
Step 6 Calculate the GST paid on apportionable expenses and determine the input tax credit available. Determine the part of the apportionable expenses attributable to residential premises (input taxed) supplies and the part attributable to taxable supplies.
Step 7 Work out the overall charges including GST. The direct expenses and apportionable expenses attributable to the supply of residential premises are input taxed which means that no GST is charged but any GST paid by the operator is passed on. Taxable supplies will have GST charged on them.
Step 8 GST input tax credits to be claimed.

Green Acres is a privately funded residential retirement village offering some 200 villa or town house style accommodation. Each home is fully self-contained and has either two or three bedrooms and garages. The village is set in extensive landscaped gardens with a swimming pool and a bowls green. Other facilities include an on-site restaurant, communal lounges and libraries and a bus which is used both for trips to the local city centre and for excursions. The village employs people to organise on-site activities and day trips, drive the bus, maintain the grounds, run the kitchen and for administration.

Green Acres provides both input taxed supplies (residential premises) and taxable supplies (the restaurant, village bus and activities).

Since Green Acres makes both input taxed supplies and taxable supplies it will need to adopt an appropriate basis for determining the extent of creditable purpose for its acquisitions. Where the extent of creditable purpose is less than 100%, Green Acres needs to apportion the total purpose between that which is creditable (taxable supplies) and that which is not (input taxed supplies).

The apportionment methodology used in this example is consistent with GSTR 2006/4 and, in particular paragraphs 101-103, 116-119, and 148-150 which discuss input based methods of apportionment. This example uses an input based method of apportionment. However, the most appropriate method of apportioning input tax credits depends upon the particular circumstances of each case.

In Green Acres, the expenses of the bus, the activities and the expenses of the restaurant are included in the maintenance fees charged to the residents. This is not necessarily the case with other retirement villages. Expenses have been allocated to those services directly attributable to input taxed supplies (in this case, residential premises) and those directly attributable to taxable supplies. In the example below, the direct expenses attributable to residential premises are 70% of the total. The indirect expenses have therefore been apportioned 70:30.

Accordingly, 30% of the GST paid on the apportionable expenses (indirect expenses) is available as an input tax credit whilst 100% of the GST paid on the direct expenses of providing taxable supplies is also available. However, acquisitions (both direct and indirect) in connection with the supply of residential premises do not give rise to input tax credits since the supply of residential premises is input taxed and is not, therefore, for a creditable purpose.

Budget for Green Acres

Step 1

Work out the budget for the year.

Budget GST-inclusive expense
General upkeep and maintenance 176,000
Activity expenses 26,400
Kitchen expenses 20,900
Village bus expenses 17,600
Insurance 67,100
Electricity and gas 61,600
Rates and taxes 93,500
Office and Administration expenses 113,300
Wages 473,000
Sinking fund 50,000
Total 1,099,400

Green Acres is an example for illustrative purposes only. It is intended to give general guidance and outline broad principles but it is not intended to be a prescriptive document. It does not represent the Commissioner's view as to how GST will apply in all cases. Each case should be treated on its own merits and according to the circumstances surrounding its operations.

Step 2

Allocation of direct expenses.

Analysis of expenses.

In Green Acres there are two categories of direct expenses. First are those direct expenses attributable to the supply of residential premises (input taxed supplies). Second are those for on-site and off-site activities, a restaurant and a village bus (taxable supplies). Expenses that are obviously related and conveniently traceable are allocated to these supplies.

Indirect expenses are those expenses that cannot be allocated. Where such supplies and services are used for both input taxed purposes and taxable purposes, these expenses are apportionable expenses for the purposes of determining the input tax credits to be claimed.

Examples of direct expenses attributable to input taxed supplies:

Swimming pool chemicals maintenance of communal areas that are part of the supply of residential premises.
Building materials and hardware purchases, recorded as, for use solely in the maintenance of villas.

Examples of direct expenses attributable to taxable supplies:

Fruit, meat and vegetables used for provision of meals in the restaurant.
Tyres and oil for village bus expenses incurred directly in the course of providing a bus service.

Examples of indirect expenses:

Risk insurance covers the operator's exposure to risk whilst people are using the grounds, the restaurant or the bus.
Electricity the operators receive a single bill for electricity supply for the gardens, the kitchens and the offices.
Telephone and fax expenses expenses incurred by the village administration for a range of purposes in connection with the upkeep of the grounds, the ordering of supplies for the kitchens, the organisation of activities and so forth.

Some expenses, for instance, wages may be easily allocated to the various services provided. Green Acres is able to allocate its wages bill to both direct expenses and indirect expenses on the following basis:

Gardeners and maintenance men Direct expense in the course of supply of residential premises.
Cooks Direct expense in connection with the kitchen and restaurant.
Activities officer Direct expense in connection with the activities programme provided the village.
Bus driver Direct expense in connection with the bus service offered by the village.
Office Manager and assistant Indirect expenses which relate to the administration of the residence, the activities, the bus and the kitchen and restaurant. These will have to be apportioned across the taxable supplies and the input taxed supplies.

Budgeted amounts assigned to pools of expenses

Direct expenses

Residential - input taxed GST-inclusive expense
Upkeep of communal grounds 59,400
Maintenance of the units and villas 75,900
Bowls green contractor 13,200
Swimming pool contractor 27,500
Wages - upkeep 252,000
Total 428,000
Non- residential - taxable GST-inclusive expense
Activity expenses 26,400
Kitchen expenses 20,900
Village bus expenses 17,600
Wages - activities, kitchen, bus 119,200
Total 184,100

Indirect expenses to be apportioned

Accountancy 11,000
Administration 37,400
Insurance 67,100
Electricity and gas 61,600
Rates and taxes 93,500
Printing, and stationery 7,700
Telephone and postage 5,500
Motor car expenses 51,700
Wages - administration 101,800
Sinking fund 50,000
Total 487,300
Grand total 1,099,400

Step 3

Determine which direct expenses are input taxed.

Direct expenses - residential (input taxed)

Service or supply Actual GST-inclusive expense GST-exclusive expense GST paid input taxed Input credit available
Upkeep of the communal grounds 59,400 54,000 5,400 0
Maintenance of the units and villas 75,900 69,000 6,900 0
Bowls green contractor 13,200 12,000 1,200 0
Swimming pool contractor 27,500 25,000 2,500 0
Wages - upkeep 252,000 252,000 0 0
Total 428,000* 412,999† 16,000‡ 0

* The residents will be charged this amount. See step 7(i).

† The total GST- exclusive price paid for direct residential inputs. In this example, this expense has been used to determine the portion the GST credits available on the indirect expenses. See step 5.

‡ GST is payable on the purchase of goods and services but is not available as an input tax credit as the purchases are in respect of the supply of residential premises which is input taxed.

Step 4

Determine which direct expenses are taxable supplies. Calculate the input tax credit available to you.

Direct expenses - non-residential (taxable supply)

Service or supply Actual GST-inclusive expense GST-exclusive expense GST paid input taxed Input credit available
Activity expenses 26,400 24,000 0 2,400
Kitchen expenses 20,900 19,000 0 1,900
Village bus expenses 17,600 16,000 0 1,600
Wages - activities, kitchen, bus 119,200 119,200 0 0
Total 184,100 178,200* 0 5,900†

* The total GST-exclusive price paid for direct non-residential inputs. See step 7 (iii). In this example, this expense has been used to determine the portion the GST credits available on the indirect expenses. See step 5.

† This amount is available as an input tax credit. See step 8.

Step 5

The indirect expenses now have to be apportioned between the input taxed and the taxable supplies in order to determine the input tax credit that can be claimed.

Proportion of expenses used for taxable purposes

Direct residential expenses $412,000 70%*
Direct non-residential expenses $178,200 30%*
Total $590,200 100%

* Example only - this figure will vary according to individual facts of each case.

The 70% is used in making a residential premises supply. As this is input taxed, input tax credits cannot be claimed

The 30% is now used to calculate the input tax credits allowable on the apportionable expenses.

Apportioning input tax credits and creditable purpose

Division 11 of the Act allows a taxpayer to claim his input tax credits in the proportion that the supply of a thing was for a creditable purpose. Creditable purpose means simply the extent to which the thing was actually used in carrying on an enterprise. However, things acquired for making supplies that are input taxed, such as residential accommodation, are not acquired for creditable purposes.

Some expenses are acquired for both creditable purposes and input taxed purposes. The input tax credits attaching to these expenses must, therefore, be apportioned according to the extent that the goods and services purchased are used for a creditable purpose in order to claim the correct input tax credit.

The preferred manner of apportionment is to assess the actual or direct use of the acquisition for a creditable purpose - for example, by time spent, distance travelled, area used. However, this may not be possible for many overhead expenses. Ruling GSTR 2000/15 discusses a number of different methods for apportioning. There is no one single correct method. This example uses an input based method whereby it is assumed that the overheads can be allocated in the same proportion as the direct expenses were incurred, see also para 94(i) of the ruling. The basis adopted will depend upon the individual circumstances but should be 'fair and reasonable'.

Calculation of input tax credit:

GST-inclusive expense × one-eleventh × 30% = input tax credit

Step 6

Calculate the GST paid on apportionable expenses and determine the input tax credit available. Determine the part of the apportionable expenses attributable to residential premises (input taxed) supplies and the part attributable to taxable supplies.

Apportionable expenses

Service or supply Actual GST-inclusive expense GST-exclusive expenses GST input taxed (70%) Input credit available (30%)
Accountancy 11,000 10,000 700 300
Administration 37,400 34,000 2,380 1,020
Insurance 67,100 61,000 4,270 1,830
Electricity and gas 61,600 56,000 3,920 1,680
Rates and taxes 93,500 93,500 0 0
Printing and stationery 7,700 7,000 490 210
Telephone and postage 5,500 5,000 350 150
Motor car expenses 51,700 47,000 3,290 1,410
Wages - administration 101,800 101,800 0 0
Sinking fund 50,000 50,000 0 0
Total 487,300 465,300* 15,400† 6,600‡

* The apportionable expenses are now allocated thus:

A. $465,300 × 70% = $325,710 allocated to residential accommodation (input taxed).
The input taxed supply actually cost $325,710 + $15,400† = $341,110 so this is the expense to be charged to the residents. See step 7 (ii).
B. $465,300 × 30% = $139,590 allocated to non-residential taxable supplies.
This portion of the expenses represents a taxable supply. GST will apply when this amount is charged to the residents. See step 7.

† This amount is the input taxed amount of GST paid on the indirect expenses. It cannot be claimed as an input tax credit but can be passed on.

‡ This amount is available as an input tax credit. See step 8.

Step 7

Work out the overall charges including GST. The direct expenses and apportionable expenses attributable to the supply of residential premises are input taxed which means that no GST is charged but any GST paid by the operator is passed on. Taxable supplies will have GST charged on them.

Expenses brought forward
(i) Direct expenses - residential (step 3) 428,000
(ii) Apportionable expenses - residential (step 6) 341,110
Total of (i) and (ii) 769,110
(iii) Direct expenses - taxable (step 4) 178,200
(iv) Apportionable expenses - taxable (step 6)

139,590
Total of (iii) and (iv) 317,790
GST on taxable supplies* 31,779
Total charge 1,118,679

* Total taxable supplies are $178,200 + $139,590 = $317,790
GST payable = $317,790 × 10% = $31,779.

Charges to residents

Annual levy per resident unit *$5,593
Weekly levy 108

* $1,118,679 200 units

Step 8

GST input tax credits to be claimed.

Direct taxable supplies - from step 4 - $5,900

Indirect expenses - from step 6 - $6,600

Total input tax credit available -$12,500

Reconciliation of expenses

Expenses incurred including GST $1,099,400
less Input tax credits claimed $12,500
Equals $1,086,900
plus GST charged to residents $31,779
Total amount to be collected $1,118,679

© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).