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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44191
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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What are the legal and financial implications of the

Customer Question

What are the legal and financial implications of the following clause of the Native Title Protection Conditions
JA: What state are you in? It matters because laws vary by location.
Customer: Qld ; 8.1 If The Explorer receives an invoice or if a supply is a Taxable Supply, a Tax Invoice, the Explorer must pay the sum of $850.00 each (including any GST ) Exploration Tenement Year to be distributed equally between each Nominated Body for each Native Title Claim ("Administrative Payment")............... I feel that the wording indicates that the amount includes GST and so am not liable to pay GST on top of the prescribed fee.
JA: Has anything been filed or reported?
Customer: I have received an invoice from the Native Title Party asking for the prescribed fee PLUS GST
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

Good Morning.

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 I am very limited on what I can tell you and that you may have to get more detailed advice.

If the fee is exempt form GST then you have a right to contact the department ad argue it. Most government charges are GST free. but you have to look at the act and see if the fee is exempt.

You do not pay GST on GST. You only pay the figure that they have sent you.

I hope this makes sense and is of assistance. If there is nothing further

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If I have missed anything, or you have any further questions please let me know

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