Question: Tim West and Associates, a partnership of solicitors registered for GST, are moving to new rented office space. They negotiated with the landlord to receive $30,000 as an inducement fee to enter the new lease. What are the GST implications for both parties?

Answer: When they enter the lease, it's considered a service provided by the landlord to the solicitors' partnership. Since it's a commercial lease, not a residential one, it's not exempt from GST. Both the landlord and the solicitors' partnership are likely registered for GST.

According to GST laws, the partnership (the tenant) made a supply by agreeing to the lease, and the $30,000 they received is the consideration for this.

Following GST rules, the partnership needs to remit GST to the ATO, which is $30,000 divided by 11, equaling $2,727.27.

Also, if a lessee pays a premium to secure a lease, the lessor needs to account for GST on that premium.

Note: If either the lessor or lessee pays to end a lease, GST responsibilities depend on who makes the payment. If it's the lessor, the lessee needs to account for GST, and if it's the lessee, the lessor must account for GST.

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