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12 September 2014

Mentor

Question 1

We act for a prospective purchaser of a business. The vendor's solicitor has referred to GSTR 2002/5 and indicated that our client will have to pay GST if our client decides to enter into a new lease with the landlord rather than transfer the existing lease. Does the surrender of the old lease and entry into a new lease satisfy the exemption in the ruling or would GST be applicable? Thank you.

Answer

Yes. See the ruling: “Supply of Right to Occupy Premises 58. Many enterprises operate from leased premises. The supplier may supply the lease either by assignment or by surrendering the lease and facilitating the entry by the recipient into a lease or agreement to lease the same premises by the day of the supply.”

Question 2

Hi, I have a purchaser client that is buying a property with a caveat on it. The caveat relates to money owed to the vendors ex wife. They want to release the deposit to pay the debt and say they will remove the caveat. Our bank will not certify the loan documents until the caveat is removed so we are also interested in having it done before settlement. (As an aside I don't know why the bank can't just take a withdrawal of caveat at settlement but they say they won't) We have the paperwork for the section 27 which looks fine. Before we send it back should I get a written undertaking from the vendor that they will use it to pay debt to withdraw caveat? Thanks very much (Victoria)

Answer

If you are dealing with a legal practice then it is in order to accept their undertaking to use the released deposit to FIRSTLY obtain a Withdrawal of caveat AND then attend to registration of same immediately upon receipt BEFORE using the released deposit for any other purpose.

Question 3

Hi, I'm applying for letters of administration for a client and need a surety guarantee. The gross value of the estate is $650k but the guarantor only has a net worth of about $550k. How strict will the probate office be? Thanks very much (New South Wales)

Answer

Normally the requirement for a bond is dispensed with. If required, the asset position does not need to be established. See the Administration Bond precedent in the library of less common forms.

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