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GST and the sex industry - questions and answers

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Escort workers

1. What are the GST obligations where a client requests an escort through an establishment?

If the establishment is registered, or required to be registered for GST, the price quoted for the total service will be GST inclusive.

When the worker attends the booking and is paid the total GST-inclusive amount by the client, they hold this amount in trust for the establishment. The total payment is included in the establishment's turnover and any subsequent splitting of the payment between the worker and the establishment is a separate arrangement between the two parties.

What are the GST and PAYG obligations if:

2. The client pays an upfront fee to the establishment for the room hire and service and the worker does not have an ABN?

The amount paid by the client will be GST-inclusive and the establishment will account for the total GST on the room hire and service.

If the establishment makes a subsequent payment to the worker for their services, then there may be a PAYG withholding event if the worker is not able to quote an ABN (Australian business number) to the establishment.

Under the PAYG system if a worker is not an employee and supplies services to your business (establishment), but does not quote an ABN, the establishment will be required to withhold 46.5% from the payment to the worker and pay this amount to the Tax Office.

If the establishment has charged the worker a shift fee or any other expense, then the price paid by the worker will be GST inclusive. If requested, the establishment will be required to issue a tax invoice within 28 days of the supply unless the amount of the supply is $82.50 or less, in which case the normal substantiation rules apply. The worker, who is not registered for GST, will not be able to claim the input tax credits for any GST amounts paid on business related expenses.

3. The client pays an upfront fee to the establishment for the room hire and the service and the worker, who is registered with an ABN but is not registered for GST, charges the establishment a fee for providing the service?

The amount paid by the client will be GST inclusive and the establishment will account for the total GST on the room hire and service.

When the establishment makes a subsequent payment to the worker for their services, there will be no PAYG withholding event as the worker can quote an ABN to the establishment when asked.

If the establishment has charged the worker a shift fee, or any other cost, then the price paid by the worker will be GST inclusive. If requested, the establishment will be required to issue a tax invoice unless the amount of the supply is $82.50 or less in which case the normal substantiation rules will apply. The worker will not be able to claim the input tax credits for any GST amounts because they are not registered for the GST.

4. The client pays an upfront fee to the establishment for the room hire and the service and the worker, who is registered with an ABN and also for GST, charges the establishment a fee for providing the service?

The amount paid by the client will be GST inclusive and the establishment will account for the total GST on the room hire and service.

The worker will charge the GST on the value of their services to the establishment. The establishment will be able to claim input tax credits for any GST amounts paid to the worker. For the establishment to claim input tax credits for these amounts, they will need to obtain a tax invoice from the worker unless the amount of the supply is $82.50 or less, in which case the normal income tax substantiation rules will apply. Once requested, the worker will be required to issue a tax invoice within 28 days.

If the establishment has charged the worker a shift fee, or any other expense, the price paid by the worker will be GST-inclusive. The worker will be able to claim input tax credits for any GST amounts paid. For the worker to claim input tax credits for these amounts they will need to obtain a tax invoice from the establishment unless the amount of the supply is $82.50 or less, in which case the normal substantiation rules will apply. Once requested, the establishment will be required to issue a tax invoice within 28 days.

5. The client pays the establishment for the cost of the room hire and the client then pays the worker who does not have an ABN for the cost of the service?

The client will pay the room hire fee, which will be inclusive of GST, to the establishment and the establishment will account for this GST amount on the room hire.

The client will pay the worker the amount charged for the service. As the worker does not have an ABN the worker cannot be registered for the GST and thus there is no GST amount in the charge for the service.

If the establishment has charged the worker a shift fee or any other expense, then the price paid by the worker will be GST-inclusive. If requested, the establishment will be required to issue a tax invoice within 28 days of the supply unless the amount of the supply is $82.50 or less, in which case the normal substantiation rules apply.

The worker, who is not registered for GST, will not be able to claim the input tax credits for any GST amounts paid on business purchases.

6. The client pays the establishment for the cost of the room hire and the client then pays the worker who is registered with an ABN but not registered for GST?

The client will pay the room hire fee, which will be inclusive of GST, to the establishment and the establishment will account for the GST for the room hire.

The client will pay the worker the amount charged for the service. As the worker will have an ABN but is not registered for the GST, there will be no GST amount in the charge for the service.

If the establishment has charged the worker a shift fee or any other expense, then the price paid by the worker will be GST inclusive. If requested, the establishment will be required to issue a tax invoice within 28 days of the supply unless the amount of the supply is $82.50 or less, in which case the normal substantiation rules apply.

The worker, who is not registered for GST, will not be able to claim the input tax credits for any GST amounts paid on business purchases.

7. The client pays the establishment for the cost of the room hire and the client then pays the worker, who is registered with an ABN and is also registered for GST?

The client will pay the room hire fee, which will be inclusive of GST, to the establishment and the establishment will account for the GST in their next tax period.

As the worker is registered for GST, they will charge GST on the value of their services to the clients and the worker will account for this GST in their next tax period. The worker will be required to issue a tax invoice to the client within 28 days if requested.

If the establishment has charged the worker a shift fee, or any other expense, then the price paid by the worker will be GST-inclusive. The worker will be able to claim input tax credits for any GST amounts paid on these. In order that the worker can claim input tax credits for these amounts, they will need to obtain a tax invoice from the establishment unless the amount of the supply is $82.50 or less, in which case the normal income tax substantiation rules will apply. The establishment will be required to issue a tax invoice to the worker within 28 days once requested.

Payments by credit card or EFTPOS

8. Does the use of the establishment's merchant card facilities, by the worker, to process a client's payment, and the subsequent payment to the worker of their share of the proceeds, constitute a PAYG withholding event if no ABN is quoted by the worker?

If there is no payment by the worker to the establishment for the use of the merchant facilities, then there is no consideration for a supply of a service. Consequently, there are no withholding obligations for the establishment in relation to this transaction.

What to read/do next

GST for small business (NAT 3014)

Cash and non-cash accounting (NAT 3136)

Last Modified: Friday, 4 July 2008

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