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I have a company that has a large subcontractor base that…

Customer Question
Hi. I have...

Hi. I have a company that has a large subcontractor base that are below the GST threshold and therefore we are paying a lot of GST to the Govenrment.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Vic, Is there away that GST can be added into the subcontractors (without increasing their $ amount) payments so that we can claim back the GST. Can contracts be adjusted, or employed through new companies or a hire firm or other ways that have been constructed. Regards Ken

Lawyer's Assistant: Has anything been filed or reported?

The current contracts have been in place for about 12mnths

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

N

Submitted: 1 year ago.Category: Australia Law
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Answered in 28 minutes by:
3/21/2017
Solicitor: Leon, Solicitor replied 1 year ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,504
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

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Solicitor: Leon, Solicitor replied 1 year ago

Good Morning.

They have to issue you with tax invoices and they have to collect the GST and pay it to the government. Your company gets to claim it back as you pay it.

The GST is 10% on their fees you cannot keep their fees the same and take out GST they then get paid less.

If they are below the GST threshhold they cannot collect it and as such you should not be paying GST.

If they are collecting GST they are breaking the law.

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Customer reply replied 1 year ago
Subcontractors are not claiMing the GST, we are paying it to the ATO.
Can the non GST payments be adjusted to include GST?
Solicitor: Leon, Solicitor replied 1 year ago

Good Morning.

The contractors have to issue you with a Tax invoice. On the Tax invoice as they are not registered for GST they cannot charge you and you do not pay it.

As such in the payments you make to the Contractors there is no GST.

You should not be paying any GST to the ATO on the payments to the contractors.

You only pay the GST to the ATO on what you charge the customers.

What you are describing to me is wrong. You are doing it incorrectly.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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