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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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We have a lease Gym in Victoria and have been told by our

Customer Question

Hello
We have a lease for a Gym in Victoria and have been told by our managing company that we are required to pay our rates to them, plus pay a GST payment, rather than pay the Council direct.
Previously we paid the rates to the Council, but with the new management in place, they now have told us to pay them. Also, rates are not due until 30 November, 2015, but the management Company have put a payment due date of 1st November, 2015, plus GST.
Can they force us to pay them rather than pay the rates to the Council.
Thank you
Kathy
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

That is correct.

As they invoice you they have to charge GST on the third party payments. It is their choice on how they do it and tyou cannot decide.

It is a hassle because you get the GST back from the Government but you have to wait.

They can force you to pay them and you have to pay them on the invoice that they are shown on.

If they do not appear on the invoice then they cannot charge you GST.