Working out turnover rent
64 Working out turnover rent
In working out turnover rent under a lease, the lessor or tenant must take into account the amount of the tenant’s turnover, less the following amounts:
the amount of a loss incurred in the resale or disposal of goods reasonably purchased in the ordinary course of business from a customer as a trade-in;
deposits and instalments received for a lay-by, hire-purchase or credit sale, that are refunded to a customer;
refunds on a transaction if the proceeds of the transaction have been included as part of turnover;
service, finance or interest charges payable by the tenant to a financier in relation to the provision of credit to customers other than commissions on credit or store cards;
the price of merchandise exchanged between premises of the tenant if the exchange is made only for the convenient operation of the tenant’s business and not to conclude a sale made at, in, from or on the leased premises;
the price of merchandise returns to shippers, wholesalers or manufacturers;
the proceeds of sale of the tenant’s fixtures and fittings after their use in the conduct of the business at or from the premises;
a discount allowed to a customer in the course of business;
written-off uncollected credit accounts;
an amount directly or indirectly attributable to GST;
the net amount paid or payable by the tenant directly or indirectly attributable to a purchase tax, receipt tax or other similar tax imposed at the point of sale or hire of goods or services;
delivery charges;
proceeds of goods sold on consignment, other than a commission kept in relation to a sale;
sales of lottery and similar tickets, other than commissions.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.