A New Tax System (Goods and Services Tax) Act 1999

Act No.55 of 1999 as amended

This compilation was prepared on 26 May 2009
taking into account amendments up to Act No.33 of 2009

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

A New Tax System (Goods and Services Tax) Act 1999 iii

Contents

Chapter1—Introduction 1

Part11—Preliminary 1

Division1—Preliminary 1

11 Short title [see Note 1] 1

12 Commencement 1

13 CommonwealthState financial relations 1

14 States and Territories are bound by the GST law 1

Part12—Using this Act 2

Division2—Overview of the GST legislation 2

21 What this Act is about 2

25 The basic rules (Chapter2) 2

210 The exemptions (Chapter3) 2

215 The special rules (Chapter4) 3

220 Miscellaneous (Chapter5) 3

225 Interpretative provisions (Chapter6) 3

230 Administration, collection and recovery provisions in the Taxation Administration Act 1953 3

Division3—Defined terms 4

31 When defined terms are identified 4

35 When terms are not identified 4

310 Identifying the defined term in a definition 5

Division4—Status of Guides and other nonoperative material 6

41 Nonoperative material 6

45 Explanatory sections 6

410 Other material 6

Chapter2—The basic rules 7

Division5—Introduction 7

51 What this Chapter is about 7

55 The structure of this Chapter 7

Part21—The central provisions 9

Division7—The central provisions 9

71 GST and input tax credits 9

75 Net amounts 9

710 Tax periods 9

715 Payments and refunds 9

Part22—Supplies and acquisitions 10

Division9—Taxable supplies 10

91 What this Division is about 10

Subdivision9A—What are taxable supplies? 10

95 Taxable supplies 10

910 Meaning of supply 10

915 Consideration 11

920 Enterprises 12

925 Supplies connected with Australia 14

930 Supplies that are GSTfree or input taxed 16

939 Special rules relating to taxable supplies 17

Subdivision9B—Who is liable for GST on taxable supplies? 18

940 Liability for GST on taxable supplies 18

969 Special rules relating to liability for GST on taxable supplies 18

Subdivision9C—How much GST is payable on taxable supplies? 18

970 The amount of GST on taxable supplies 18

975 The value of taxable supplies 18

980 The value of taxable supplies that are partly GSTfree or input taxed 20

985 Value of taxable supplies to be expressed in Australian currency 21

990 Rounding of amounts of GST 21

999 Special rules relating to the amount of GST on taxable supplies 23

Division11—Creditable acquisitions 24

111 What this Division is about 24

115 What is a creditable acquisition? 24

1110 Meaning of acquisition 24

1115 Meaning of creditable purpose 25

1120 Who is entitled to input tax credits for creditable acquisitions? 26

1125 How much are the input tax credits for creditable acquisitions? 26

1130 Acquisitions that are partly creditable 26

1199 Special rules relating to acquisitions 27

Part23—Importations 29

Division13—Taxable importations 29

131 What this Division is about 29

135 What are taxable importations? 29

1310 Meaning of nontaxable importation 29

1315 Who is liable for GST on taxable importations? 30

1320 How much GST is payable on taxable importations? 30

1325 The value of taxable importations that are partly nontaxable importations 31

1399 Special rules relating to taxable importations 31

Division15—Creditable importations 32

151 What this Division is about 32

155 What are creditable importations? 32

1510 Meaning of creditable purpose 32

1515 Who is entitled to input tax credits for creditable importations? 33

1520 How much are the input tax credits for creditable importations? 33

1525 Importations that are partly creditable 33

1599 Special rules relating to creditable importations 34

Part24—Net amounts and adjustments 35

Division17—Net amounts and adjustments 35

171 What this Division is about 35

175 Net amounts 35

1710 Adjustments 36

1715 Working out net amounts using approved forms 36

1720 Determinations relating to how to work out net amounts 36

1799 Special rules relating to net amounts or adjustments 37

Division19—Adjustment events 39

191 What this Division is about 39

195 Explanation of the effect of adjustment events 39

Subdivision19A—Adjustment events 40

1910 Adjustment events 40

Subdivision19B—Adjustments for supplies 41

1940 Where adjustments for supplies arise 41

1945 Previously attributed GST amounts 42

1950 Increasing adjustments for supplies 42

1955 Decreasing adjustments for supplies 42

Subdivision19C—Adjustments for acquisitions 42

1970 Where adjustments for acquisitions arise 42

1975 Previously attributed input tax credit amounts 43

1980 Increasing adjustments for acquisitions 43

1985 Decreasing adjustments for acquisitions 44

1999 Special rules relating to adjustment events 44

Division21—Bad debts 45

211 What this Division is about 45

215 Writing off bad debts (taxable supplies) 45

2110 Recovering amounts previously written off (taxable supplies) 45

2115 Bad debts written off (creditable acquisitions) 46

2120 Recovering amounts previously written off (creditable acquisitions) 46

2199 Special rules relating to adjustments for bad debts 46

Part25—Registration 48

Division23—Who is required to be registered and who may be registered 48

231 Explanation of Division 48

235 Who is required to be registered 48

2310 Who may be registered 49

2315 The registration turnover threshold 49

2399 Special rules relating to who is required to be registered or who may be registered 49

Division25—How you become registered, and how your registration can be cancelled 50

Subdivision25A—How you become registered 50

251 When you must apply for registration 50

255 When the Commissioner must register you 50

2510 The date of effect of your registration 51

2515 Effect of backdating your registration 51

2549 Special rules relating to registration 52

Subdivision25B—How your registration can be cancelled 52

2550 When you must apply for cancellation of registration 52

2555 When the Commissioner must cancel registration 52

2557 When the Commissioner may cancel your registration 53

2560 The date of effect of your cancellation 54

2565 Effect of backdating your cancellation of registration 54

2599 Special rules relating to cancellation of registration 55

Part26—Tax periods 56

Division27—How to work out the tax periods that apply to you 56

271 What this Division is about 56

275 General rule—3 month tax periods 56

2710 Election of one month tax periods 56

2715 Determination of one month tax periods 56

2720 Withdrawing elections of one month tax periods 57

2722 Revoking elections of one month tax periods 58

2725 Revoking determinations of one month tax periods 58

2730 Tax periods determined by the Commissioner to take account of changes in tax periods 59

2735 Changing the days on which your tax periods end 59

2737 Special determination of tax periods on request 60

2738 Revoking special determination of tax periods 60

2740 An entity’s concluding tax period 61

2799 Special rules relating to tax periods 61

Division29—What is attributable to tax periods 62

291 What this Division is about 62

Subdivision29A—The attribution rules 62

295 Attributing the GST on your taxable supplies 62

2910 Attributing the input tax credits for your creditable acquisitions 63

2915 Attributing the input tax credits for your creditable importations 64

2920 Attributing your adjustments 64

2925 Commissioner may determine particular attribution rules 65

2939 Special rules relating to attribution rules 66

Subdivision29B—Accounting on a cash basis 67

2940 Choosing to account on a cash basis 67

2945 Permission to account on a cash basis 67

2950 Ceasing to account on a cash basis 68

2969 Special rules relating to accounting on a cash basis 69

Subdivision29C—Tax invoices and adjustment notes 69

2970 Tax invoices 69

2975 Adjustment notes 70

2980 Tax invoices and adjustment notes not required for low value transactions 71

2999 Special rules relating to tax invoices and adjustment notes 71

Part27—Returns, payments and refunds 72

Division31—GST returns 72

311 What this Division is about 72

315 Who must give GST returns 72

318 When GST returns must be given—quarterly tax periods 72

3110 When GST returns must be given—other tax periods 73

3115 The form and contents of GST returns 73

3120 Additional GST returns 74

3125 Electronic lodgment of GST returns 74

3199 Special rules relating to GST returns 75

Division33—Payments of GST 76

331 What this Division is about 76

333 When payments of net amounts must be made—quarterly tax periods 76

335 When payments of net amounts must be made—other tax periods 77

3310 How payments of net amounts are made 77

3315 Payments of amounts of GST on importations 77

3399 Special rules relating to payments of GST 78

Division35—Refunds 79

351 What this Division is about 79

355 Entitlement to refund 79

3510 When entitlement arises 79

3599 Special rules relating to refunds 79

Part28—Checklist of special rules 81

Division37—Checklist of special rules 81

371 Checklist of special rules 81

Chapter3—The exemptions 84

Part31—Supplies that are not taxable supplies 84

Division38—GSTfree supplies 84

381 What this Division is about 84

Subdivision38A—Food 85

382 Food 85

383 Food that is not GSTfree 85

384 Meaning of food 85

385 Premises used in supplying food 86

386 Packaging of food 86

Subdivision38B—Health 87

387 Medical services 87

3810 Other health services 87

3815 Other government funded health services 89

3820 Hospital treatment 89

3825 Residential care etc. 90

3830 Community care etc. 92

3835 Flexible care 93

3840 Specialist disability services 93

3845 Medical aids and appliances 93

3847 Other GSTfree health goods 93

3850 Drugs and medicinal preparations etc. 94

3855 Private health insurance etc. 95

Subdivision38C—Education 96

3885 Education courses 96

3890 Excursions or field trips 96

3895 Course materials 96

3897 Lease etc. of curriculum related goods 96

38100 Supplies that are not GSTfree 97

38105 Accommodation at boarding schools etc. 97

38110 Recognition of prior learning etc. 98

Subdivision38D—Child care 98

38140 Child care—registered carers under the family assistance law 98

38145 Child care—approved child care services under the family assistance law 99

38150 Other child care 99

38155 Supplies directly related to child care that is GSTfree 99

Subdivision38E—Exports and other supplies for consumption outside Australia 99

38185 Exports of goods 99

38187 Lease etc. of goods for use outside Australia 102

38188 Tooling used by nonresidents to manufacture goods for export 102

38190 Supplies of things, other than goods or real property, for consumption outside Australia 102

Subdivision38F—Religious services 104

38220 Religious services 104

Subdivision38G—Activities of charitable institutions etc. 105

38250 Nominal consideration etc. 105

38255 Secondhand goods 106

38260 Supplies of retirement village accommodation etc. 107

38270 Raffles and bingo conducted by charitable institutions etc. 107

Subdivision38I—Water, sewerage and drainage 108

38285 Water 108

38290 Sewerage and seweragelike services 109

38295 Emptying of septic tanks 109

38300 Drainage 109

Subdivision38J—Supplies of going concerns 109

38325 Supply of a going concern 109

Subdivision38K—Transport and related matters 110

38355 Supplies of transport and related matters 110

38360 Travel agents arranging overseas supplies 112

Subdivision38L—Precious metals 112

38385 Supplies of precious metals 112

Subdivision38M—Supplies through inwards duty free shops 112

38415 Supplies through inwards duty free shops 112

Subdivision38N—Grants of land by governments 113

38445 Grants of freehold and similar interests by governments 113

38450 Leases preceding grants of freehold and similar interests by governments 113

Subdivision38O—Farm land 114

38475 Subdivided farm land 114

38480 Farm land supplied for farming 114

Subdivision38P—Cars for use by disabled people 115

38505 Disabled veterans 115

38510 Other disabled people 116

Subdivision38Q—International mail 117

38540 International mail 117

Division40—Input taxed supplies 118

401 What this Division is about 118

Subdivision40A—Financial supplies 118

405 Financial supplies 118

Subdivision40B—Residential rent 119

4035 Residential rent 119

Subdivision40C—Residential premises 120

4065 Sales of residential premises 120

4070 Supplies of residential premises by way of longterm lease 120

4075 Meaning of new residential premises 120

Subdivision40D—Precious metals 121

40100 Precious metals 121

Subdivision40E—School tuckshops and canteens 122

40130 School tuckshops and canteens 122

Subdivision40F—Fundraising events conducted by charitable institutions etc. 122

40160 Fundraising events conducted by charitable institutions etc. 122

40165 Meaning of fundraising event 123

Part32—Nontaxable importations 125

Division42—Nontaxable importations 125

421 What this Division is about 125

425 Nontaxable importations—Schedule4 to the Customs Tariff Act 1995 125

4210 Goods returned to Australia in an unaltered condition 126

Chapter4—The special rules 127

Division45—Introduction 127

451 What this Chapter is about 127

455 The effect of special rules 127

Part41—Special rules mainly about particular ways entities are organised 128

Division48—GST groups 128

481 What this Division is about 128

Subdivision48A—Approval of GST groups 128

485 Approval of GST groups 128

4810 Membership requirements of a GST group 129

4815 Relationship of companies and noncompanies in a GST group 130

Subdivision48B—Consequences of approval of GST groups 132

4840 Who is liable for GST 132

4845 Who is entitled to input tax credits 133

4850 Adjustments 133

4855 GST groups treated as single entities for certain purposes 134

4860 GST returns 134

Subdivision48C—Administrative matters 135

4870 Changing the membership etc. of GST groups 135

4875 Revoking the approval of GST groups 135

4880 Notification by representative members 136

4885 Date of effect of approvals and revocations 136

4890 Notification by the Commissioner 137

Subdivision48D—Ceasing to be a member of a GST group 137

48110 Adjustments after you cease to be a member of a GST group 137

48115 Changes in extent of creditable purpose after you cease to be a member of a GST group 137

Division49—GST religious groups 139

491 What this Division is about 139

Subdivision49A—Approval of GST religious groups 139

495 Approval of GST religious groups 139

4910 Membership requirements of a GST religious group 140