Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

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
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 28 minutes by:
3/21/2017
Solicitor: Leon, Solicitor replied 1 year ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,939
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Ask Your Own Australia Law Question
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.

Ask Your Own Australia Law Question
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.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,939 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
We are in the process of building a new Dual Occupancy
Hi Pearl, we are in the process of building a new Dual Occupancy development with a well known building firm in Melbourne … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
We use a labour hire company who sign up our staff. We give
We use a labour hire company who sign up our staff. We give them the work and the company pay them, we then pay the costs to the labour hire company. The company have an enterprise agreement with the … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
Leon I have been subcontracting to a building company and l am in the process of filli
Leon hi I have been subcontracting to a building company and l am in the process of filling out an adjudication application under the building and construction industry security of payment act 2002 vi… read more
Leon
Leon
Solicitor
46,939 satisfied customers
We employ 11 employees in our small business. Our company
We employ 11 employees in our small business. Our company (the employer) has an outsource contract with a client and the employees are employed to work on that contract. The client wishes to bring the… read more
Leon
Leon
Solicitor
46,939 satisfied customers
Hello, I am in the process of developing a "Service Terms
Hello, I am in the process of developing a "Service Terms Agreement" so that our clients firstly agree to pay 50% at the time of service and the balance on report delivery and secondly are aware of al… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
We are a small Earthmoving and demolition business in which
We are a small Earthmoving and demolition business in which my husband is a wrking Director and we employ one casual employee. last week CoInvest have sent our company a letter demanding copies of our… read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
Hello again, Since our last chat there have been one or two
Hello again, Since our last chat there have been one or two developments. The company offered my wife 2 weeks casual emploment on reduced rates. We rejected this of course, as it would have appeared t… read more
Leon
Leon
Solicitor
46,939 satisfied customers
Can a lawyer change the basis of a cost agreement after its
Can a lawyer change the basis of a cost agreement after it's been signed and can I get my funds held in trust because of this?… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
If a construction contract has liquidated damages included
If a construction contract has liquidated damages included can the head contractor charge the subcontractor damages if none have been incurred? We have a contract with a construction company with liqu… read more
Leon
Leon
Solicitor
46,939 satisfied customers
We are a scaffolding firm that erected & dismantled scaffold
We are a scaffolding firm that erected & dismantled scaffold for a builder know as Trend Homes & we have not been paid for any of our work, How do we put a cavity over the houses they are still sellin… read more
Leon
Leon
Solicitor
46,939 satisfied customers
Hi I am a director for constructions company, my husband is
Hi I am a director for constructions company, my husband is the builder, he signed on a paper contract to finish 9 units town houses for his friend. His friend (the owner) promised him money in advanc… read more
Leon
Leon
Solicitor
46,939 satisfied customers
From 25/03/2003 my spouse has worked for a transport company
From 25/011/2003 my spouse has worked for a transport company his title was a subcontractor with an ABN. My spouse resigned from the company on the 23 September 2011 due to other employment closer to … read more
Leon
Leon
Solicitor
46,939 satisfied customers
We are in Perth, WA, we are building our own home and are Owner
We are in Perth, WA, we are building our own home and are "Owner Buildings", but have agreed to use a builder as a subcontractor to do all our work for us due to health issues. We have got a "cost plu… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
What are the specfic steps/procedures/paperwork required to
What are the specfic steps/procedures/paperwork required to activate a currently dormant Australian company (pty ltd was established in 2006 but has been inactive since) in Australia? Parent company i… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
My company has introduced a new global banding scheme. The
My company has introduced a new global "banding" scheme. The impact is that as I am deemed to be above the mx pay for my band I will no longer receive a py increase each year. This increase is a merit… read more
Leon
Leon
Solicitor
46,939 satisfied customers
Hello I would like to ask a question to do with a contract.
Hello I would like to ask a question to do with a contract. My son hired 2 x 40' shipping containers from NT Containers in 2008 - NT Containers were later taken over by Royal Wolf. Before I located th… read more
Leon
Leon
Solicitor
46,939 satisfied customers
sub contractor with carpet laying company for 7 year, went
sub contractor with carpet laying company for 7 year, went in to tell boss that I wanted to move on two days a week he slapped me on leg. I left building, he has now withheld monies including sons pay… read more
Leon
Leon
Solicitor
46,939 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x