About this guideThis guide is designed to provide non-profit organisations, charities and gift-deductible entities with information to help them meet their GST obligations. In particular it covers some areas of GST administration where non-profits can often experience difficulty and also provides links to more detailed GST information. Terms we useWhen we say:
What is a non-profit organisation?A non-profit organisation does not operate for the profit or gain of its members (directly or indirectly). Any profit made by a non-profit organisation goes directly back into the organisation; it is not distributed to any of its members. This applies while the organisation is operating, and when it winds up. Some GST concessions apply to non-profit organisations generally, however some only apply to charities and gift-deductible entities. What is a charity? A charity is an institution or fund established for a charitable purpose, such as poverty relief. To receive GST concessions:
What is a gift-deductible entity? A gift-deductible entity is an organisation that can receive tax-deductible gifts or contributions.
Non-profit sub-entities Some non-profit organisations can choose to have some or all of their branches or units treated as separate entities (non-profit sub-entities) for GST purposes. They include:
Branches or units can only be treated as non-profit sub-entities only if their activities are separately identifiable from those of the main entity with reference to either the nature of the activities or the location of the activities. The branch or unit must also have an independent accounting system. If the branch or unit has activities that directly relate to the main purpose of the non-profit organisation, such as providing membership services for the main branch, it cannot be treated as a non-profit sub-entity.
GST registrationRegistering for GST You must register your organisation for GST if it is a non-profit organisation and it has a GST turnover of $150,000 or more. You may register voluntarily for GST if the turnover is less than $150,000.
Cancelling your GST registration If you are not required to be registered for GST, and wish to cancel your registration, you must notify us in writing. Use the Application to cancel registration (NAT 2955). You can order a paper copy of this form:
Common accounting and reporting errorsTaxable sales Most sales are taxable. Your non-profit organisation makes a taxable sale if:
GST applies to all taxable sales. GST-free sales GST-free sales include:
GST is not charged on GST-free sales. If your organisation makes GST-free sales, you may be entitled to claim a GST credit for the GST included in the cost of purchases made associated with the sale. Input taxed sales Input taxed sales include:
GST is not charged on input taxed sales. If your organisation makes input taxed sales, for example, it leases residential premises and collects rent, you cannot claim GST credits for the GST included in the cost of purchases made associated with the sales. Common GST errors We have identified a range of common problems people encountered when filling out their business activity statements.
Change in use of goods and servicesIf your non-profit organisation makes a purchase for business purposes and the purchase does not relate to making input taxed sales it is considered as being for a ‘creditable purpose’. This means you will generally be able to claim a GST credit for the purchase. The amount of GST credit you can claim depends on the extent to which your purchase is used for a creditable purpose. The extent to which you use a purchase for a creditable purpose may change over time. That is, you may use the purchase for a creditable purpose to a greater, or lesser, extent than you intended. For example, you used the business purchase for a private or domestic purpose. The ‘creditable purpose’ of a purchase changes if:
Adjustments are required for these changes in use because the amount of GST credits you have previously claimed on the purchase will either have been too much or too little. You generally need to make these types of adjustments on your June activity statement.
AssetsAsset disposal Most assets your non-profit organisation sells will be subject to GST; however some will not, for example sales of houses or flats used predominantly for residential accommodation. If you sell assets such as motor vehicles, property or machinery, you must account for GST on the sale. This is the case unless you sell the asset for less than 75% of its original cost or for less than 50% of its market value and you are:
This means that you do not charge GST on the sale price and you should not issue a tax invoice to the buyer.
Wrongly issued tax invoices on sales of assets. If you incorrectly treat a sale as taxable and issue a tax invoice, you must immediately cancel the tax invoice and advise the purchaser. This situation can often arise when, for example, car dealers accept trade-ins.
Employees, officers, agents and volunteers - reimbursementsYour organisation can claim a GST credit when it reimburses employees, officers, volunteers and agents for their out of pocket expenses when certain requirements are satisfied. Employees and officers If you are registered for GST, you can claim a GST credit on an employee or officer reimbursement if:
Volunteers We sometimes receive questions from organisations on whether they can claim GST credits on reimbursements to volunteers when purchases are made by the volunteer in carrying out the organisation’s activities. Non-profit organisations, for example sporting clubs, generally can not claim GST credits when they reimburse a volunteer. However, you can claim a GST credit for volunteer reimbursements if:
Agents If you are registered for GST, you can claim a GST credit on an agent reimbursement if:
Documentation you need If the purchase is:
Incorrect claims for third party paymentsYou can generally only claim a GST credit if you are the recipient of the goods or services purchased. That is, you cannot claim GST credits when you pay a supplier for a purchase made by another party. There are some exceptions. For example, reimbursing an employee for an expense they incurred that was directly related to their activities as an employee. Charities and other agencies often make payments on behalf of people or other charitable organisations. Because these types of payments are made on behalf of others, the payer cannot claim a credit for the GST paid. GST credits cannot be claimed for third-party payments made on behalf of:
You should only claim GST credits for goods or services your organisation receives for business use.
Sales to associates for inadequate paymentAssociates of a non-profit organisation include its non-profit sub-entities. If you sell goods or services to an associate at less than their full value, you have to pay GST on the full value of the thing sold, if:
Non-commercial activitiesThe non-commercial activities of some non-profit organisations are GST-free. These non-profit organisations include:
As one of these organisations, your non-commercial activities may include selling goods or services for less than cost or less than market value. Your sale is GST-free if the amount charged is less than:
When the sale is a supply of accommodation by any of these organisations, the sale is GST-free if the amount charged is:
You may also be able to claim GST credits for the GST included in the price of things purchased to make these sales. GST applies to most of the commercial activities of these non-profit organisations. GST may not apply to some activities for other reasons. For example, many health and education sales are GST-free and some fund-raising events conducted by charities are input taxed.
Treating related party transactions as GST-free There can be problems with arrangements where related or associated non-profit organisations have claimed GST credits for input taxed supplies of accommodation. We have released a Determination detailing the GST consequences of these types of transactions GSTD 2007/2 Goods and services tax: what are the results for GST purposes of a charitable institution engaging with an associated endorsed charitable institution in an arrangement described in Taxpayer Alert TA 2007/1. Grants, gifts and sponsorshipGrants Non-profit organisations that are registered for GST must pay GST if, in exchange for the grant, they:
However, GST does not have to be paid if the sale in exchange for the grant is GST-free or input taxed.
Gifts Non-profit organisations are not required to pay GST on gifts they receive and the value of gifts is not included when they determine their GST turnover. For a payment (monetary or non-monetary) to be considered a gift, it must be made voluntarily, and the giver cannot receive a material benefit in return. A material benefit is something of value, such as a ticket to a dinner or a functional item such as a pen or book.
Sponsorship Sponsorship payments are not gifts. This is because your organisation would normally provide a sponsorship benefit, usually advertising, for the payment. Under a sponsorship arrangement, you may receive monetary support for a fundraising activity, and in return you provide advertising, signage, naming rights or other benefits to your sponsor. If you are registered for GST, you must pay GST on any sponsorship you receive.
Gambling activitiesTaxable gambling activities In most cases, gambling sales your organisation makes (such as lotteries or gaming machine activity) are taxable. You only apply GST to your margin on these taxable gambling sales – not to each individual sale. Calculating your margin If the total wagered amount you received for a period is more than the total amount of monetary prizes payable then you calculate the GST on this margin (the difference between the two). You show only the margin for your taxable gambling activities on your activity statement. There are some special rules about how to calculate and record your margin on your activity statement:
GST-free gambling activities Certain gambling sales are GST-free for non-profit organisations that are:
For these organisations, the following gambling sales are GST-free:
You must show the full amount of these GST-free sales on your activity statement - not just the margin.
Other gambling activities by these non-profit organisations are not GST-free. They may however choose to treat some other forms of fundraising as input taxed.
Fundraising eventsYou can choose to treat sales relating to some fundraising events as input taxed if you are:
If you choose to apply this concession to your organisation’s fundraising event, you cannot claim GST credits on purchases relating to the events. You cannot elect to treat an event as input taxed after the event has occurred.
Making adjustments or corrections on your activity statementIf you discover a mistake has been made on an activity statement, you can correct it on your next activity statement as long as the mistake is within time and amount limits, and was genuine and reasonable. If not, you may need to go back and revise that activity statement.
GST rulings and administrationPrivate rulings Information we provide in the form of public rulings and tax determinations covers most activities undertaken by non-profit organisations. There can however be specific situations that are not covered by a published ruling or determination. In these cases you can ask us for a private ruling on how the tax law applies to your particular situation, transaction or arrangement. If you have applied for, and received, a private ruling about your situation, and you act in the way you described to us, you can be confident we will apply the law outlined in your private ruling.
GST administration Many GST problems can arise in non-profit organisations because of simple errors, or staff turnover resulting in a loss of knowledge about GST and how it applies to the organisation. In partnership with the Australian National Audit Office, we have produced A better practice guide for the management of GST administration (NAT 8721). Although the booklet is aimed primarily at government agencies, you can use it and the workbook to help you set up practices and procedures to better manage your GST obligations more effectively. Where to find more informationGeneral information services You can get general tax information by:
You can also visit the following web pages:
Publications The following publications provide an overview of GST:
Non-profit News You can subscribe to our free email newsletter. Called Non-profit News it’s a good way to find out about:
You can subscribe by selecting ‘Subscribe’ on www.ato.gov.au on the Free email updates page and simply:
You may cancel your subscription at any time.
E-record Our e-record is a free, electronic record-keeping software product designed to help you keep good business records and meet your GST reporting obligations. More information For more information or to obtain a copy of our publications:
If you do not speak English well and want to talk to a tax officer, phone the Translating and Interpreting Service on 13 14 50 for help with your call. If you have a hearing or speech impairment and have access to appropriate TTY or modem equipment, phone 13 36 77. If you do not have access to TTY or modem equipment, phone the Speech to Speech Relay Service on 1300 555 727. Last Modified: Thursday, 18 June 2009 Relying on our information - our commitment to youWe are committed to providing you with advice and guidance you can rely on, so we make every effort to ensure that what we give you is correct. If you follow our advice or guidance and it turns out to be incorrect, or it is misleading and you make a mistake as a result, we will take that into account when determining what action, if any, we should take. Some of the advice and guidance on this website applies to a specific financial year. This is clearly marked. Make sure you have the information for the right year before making decisions based on that information. If you feel that our advice and guidance does not fully cover your circumstances, or you are unsure how it applies to you, contact us or seek professional advice. Copyright© Commonwealth of Australia This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. Requests for further authorisation should be directed to the Commonwealth Copyright Administration, Copyright Law Branch, Attorney-General’s Department, Robert Garran Offices, National Circuit, BARTON ACT 2600 or posted at http://www.ag.gov.au/cca. |
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